UBAH v UBAH, 2022 ABQB 512


10.49: Penalty for contravening rules

Case Summary

The Plaintiff is an active litigant and has a long history of abusive litigation misconduct. As a result, he is under court access restrictions in the Court of Queen’s Bench and the Federal Court. The Plaintiff must seek court permission before initiating new proceedings or taking any litigation steps in the Court of Queen’s Bench.

Further, the Plaintiff had a pattern of sending “persistent and harassing abusive communications” to Associate Chief Justice Rooke’s office. Therefore, the Court restricted its communications with the Plaintiff to matters related to leave to file applications.

Not surprisingly, the Plaintiff continued to ignore leave to file requirements imposed on him by the Court. Instead of submitting a leave to file application to Rooke ACJ, as required by the court access restrictions, the Plaintiff filed materials without informing the Court officers of his restrictions.

Associate Chief Justice Rooke found the Plaintiff to be in prima facie contempt of Court for repeatedly breaching the court access procedure. Rule 10.49(1) gives the Court power to impose penalties on litigants who abuse the leave to file process. Accordingly, the Plaintiff was asked to provide written submissions as to why Rule 10.49(1) sanctions should not be imposed on him.

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