3.68: Court options to deal with significant deficiencies

Case Summary

This was an Application to strike a Statement of Claim, pursuant to Rule 3.68. Mr. Worbeck, acting as a self-represented litigant, filed an unclear handwritten Statement of Claim against G.E.F. Seniors Housing (“GEF”), alleging various forms of misconduct and seeking damages. GEF denied liability. Following the Statement of Defence, Mr. Worbeck delivered numerous documents to the Court which did not comply with the Rules, nor did they advance his lawsuit in a meaningful way.

The Court, referencing Rule 3.68, contemplated striking out Mr. Worbeck’s lawsuit for being an abuse of Court processes. It was noted that Mr. Worbeck's submissions were voluminous, failed to conform to the Rules, and were not directed solely at the Court of King’s Bench of Alberta, but were broader in scope.

Associate Chief Justice Nielsen instructed Mr. Worbeck to submit written argument or Affidavit evidence by a specified deadline to demonstrate that his lawsuit was not abusive. Mr. Worbeck failed to comply with the Court's instructions for submission conformity. Consequently, the Court ordered Mr. Worbeck's Statement of Claim to be struck out, with no Costs awarded, and directed GEF's counsel to prepare the Order reflecting the Decision.

Further, in compliance with the Supreme Court of Canada's guidance in Pintea v Johns, 2017 SCC 23, Mr. Worbeck was informed that if he wished to challenge the Decision, the appropriate course would be an Appeal to the Court of Appeal of Alberta. Mr. Worbeck was also directed to cease submitting materials related to this matter to the Associate Chief Justice's office and the Court of King’s Bench of Alberta.