The Court of Queen’s Bench of Alberta recently released Civil Practice Note No.7 outlining the summary procedures to be followed under Alberta Rules of Court, Alta Reg 124/2010, r 3.68 [Rules of Court] for an Apparent Vexatious Application or Proceeding [AVAP]. The summary procedures set out in the practice note are effective September 4, 2018, and are highlighted below. For more detailed information on Civil Practice Note No. 7, click here.
Per the Rules of Court, r 3.68 and the procedures set out in Civil Practice Note No. 7, the court can order to either stay or dismiss an AVAP by virtue of:
- its own initiative,
- the written request of any party to a proceeding, or
- notification from a clerk of the court, complex litigant management counsel, or case management counsel.
Unless otherwise specified by the court, an order to stay or dismiss an AVAP must be made based on written submissions, which comply with the following procedure:
- The court must direct the clerk to serve an AVAP notice to the Apparently Vexatious Litigant [AVL] stating the court is considering staying or dismissing an AVAP.
- Within 14 days of receiving the AVAP notice, the AVL may respond and:
- in reply to the AVAP notice, file a written submission with the court of at most 10 pages, and
- serve the written submission on every party to the proceeding.
- If the AVL fails to file and serve a written submission complying with the above procedures, the court may stay or dismiss the AVAP without any further notice to the parties to the proceeding.
- Within 7 days of service of the written submission, a party served with an AVL’s written submission may respond and:
- file a written reply with the court of at most 10 pages to the AVL’s written submission, and
- serve the written reply on the AVL and all other parties to the proceeding.
- The court will, after receipt of the AVL’s written submission and all written replies, apply r 3.68 to the proceedings.
If an order is made by the court to stay or dismiss an AVAP, the clerk will serve a copy of the order, as soon as possible, on the AVL and the other parties to the proceeding.
Should it come to the attention of a clerk of the court, complex litigant management counsel, or case management counsel that an application or proceeding seems to be an AVAP, that person must notify the court.
Any party to a proceeding can file a written request with the court for an order to stay or dismiss a proceeding as an AVAP.
Upon ordering a stay or dismissal of an AVAP, the court can also make an order banning the AVL from making further applications in any proceeding, except with leave of the court. Such an order does not limit the court from taking additional steps pursuant to its jurisdiction to respond to abuse of court processes.
