In 2017, Domenic Venturo, Q.C., and Laura Bracco-Callaghan successfully applied to the Court of Queen’s Bench of Alberta to have a plaintiff declared a vexatious litigant (ET v Rocky Mountain Play Therapy Institute Inc, 2017 ABQB 475). The plaintiff’s subsequent leave to appeal application was denied by the Alberta Court of Appeal (E.T. v Calgary Catholic School District No. 1, 2017 ABCA 349). Part 2.1 of the Alberta Judicature Act , RSA 2000, c J-2 (“Vexatious Proceedings”) sets out the procedure to declare a person to be a vexatious litigant. In this case, the Court considered the plaintiff’s behaviour both within the litigation and in extra-judicial proceedings (including reporting various lawyers involved in the matter to the Alberta Law Society and to the Office of the Information and Privacy Commissioner of Alberta) and found that he was conducting the proceedings in a vexatious manner. The plaintiff’s claim was ultimately struck after he failed to pay outstanding costs and post security for costs, as ordered by the Chambers Judge.
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