Salim Rana v. Erin Baker
(Alberta) (Civil) (By Leave)
Civil procedure - Abuse of process - Civil procedure — Abuse of process — Applicant’s statement of claim filed against counsel for defendants in another action struck as an abuse of process — Whether a court may allow a counsel to violate the latter’s Code of Conduct and to do unlawful acts against another party — Whether a court may act with biasness due to the standing of the applicant as a self-represented litigant — Whether the applicant was afforded procedural fairness by the lower courts in not giving him a chance to amend his statement of claim and in relying only on his factum .
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The applicant filed a statement of claim against the respondent, the lawyer for the defendants in another lawsuit commenced by the applicant. In the statement of claim, the applicant claimed that Ms. Baker had breached the Model Code of Professional Conduct, causing him damages. In accordance with Civil Practice Note 7, Apparently Vexatious Application or Proceeding, which sets out the procedures for requesting a stay or dismissal of an application which on its face appears to be unmeritorious, to have no prospect of success, or is otherwise frivolous, vexatious, or an abuse of process, Ms. Baker referred the claim against her to the Court of Queen’s Bench. After reviewing the statement of claim, the court required the applicant to show cause why the claim should not be struck. The applicant was asked to provide written answers to five questions. Upon review of the applicant’s answers, the applicant’s statement of claim was struck as hopeless and an abuse of process. This decision was upheld on appeal.
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