Salim Rana v. Alnoor Rana, et al.
(Alberta) (Civil) (By Leave)
Judgments and orders - Civil procedure, Appeals - Judgments and orders — Declaratory judgments — Civil procedure — Appeals — Applicant subject to Interim Court Access Restrictions Order followed by Vexatious Litigant Order in one case — Applicant’s action dismissed in another case — Whether Court of Appeal erred in handling applicant’s case and for not giving him a fair trial — Whether applicant has been prohibited from his access to the Court of Appeal due to Vexatious Litigant Order which governs his filings before the Court of Queen’s Bench — Whether Court of Appeal made factual and legal errors in denying applicant’s application for leave to appeal regarding debt action against respondents — Whether there were inconsistencies of the decisions of the Court of Appeal and the Court of Queen’s Bench — Whether there was a deprivation of procedural fairness to the applicant.
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On June 4, 2021, the applicant filed a statement of claim alleging that he had loaned the respondents $75,000 in or about 2012 with a compounding interest rate of 10 per cent per month that they had failed to pay. The respondents defended the debt action on the grounds that no loan was made to them by the applicant, that there was no agreement regarding the compound interest and that the action was barred by the Limitations Act, R.S.A. 2000, c. L-12.
In a separate matter, the court imposed Interim Court Access Restrictions on the applicant which had the effect of staying his debt action against the respondents. The applicant sought leave to continue his debt action. The court dismissed the applicant’s leave application. This decision was upheld on appeal.
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