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CIVIL PROCEDURE - Parties - Vexatious litigants - Striking out pleadings or allegations

Tuesday, April 03, 2018 @ 8:21 AM  


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Motion by the court to stay the plaintiff’s action. The self-represented plaintiff sought $22 million in damages from the Governor General, two federal Ministers and the Mayor of Calgary. The statement of claim had not been served on all of the defendants. None of the defendants had been found in default. The plaintiff’s previous ex parte applications for default judgment had been dismissed. It had been found the action involved organized pseudolegal commercial arguments, a set of abusive and legally incorrect ideas. The plaintiff had sent a set of demand letters to the defendants known as a three/five letters scheme.

HELD: Motion allowed. The strawman concept relied on by the plaintiff had no basis in law. His lawsuit was presumptively vexatious and an abuse of court. He had sued the defendants in bad faith and for an abusive purpose. The plaintiff was to provide submissions to rebut the presumption that he was engaged in vexatious, abusive litigation. If he failed to rebut the presumption, his claim would be struck. The three/five letters scheme, which purported to unilaterally impose an obligation on the defendants, had no legal effect. The plaintiff was to provide submissions as to whether he should be subject to court access restrictions. In the interim, the plaintiff was prohibited from filing any other materials and from instituting any further court proceedings without leave.

Rothweiler v. Canada (Governor General), [2018] A.J. No. 230, Alberta Court of Queen's Bench, J.D. Rooke A.C.J., February 26, 2018. Digest No. TLD-April22018002