CIVIL PROCEDURE - Parties - Vexatious litigant orders

Law360 Canada ( December 18, 2023, 6:20 AM EST) -- Application by JEMM Sunnyside Ltd. (“JEMM”) for order declaring Appellant and her counsel, Vlasta, vexatious litigants and prohibiting them from continuing or instituting further proceedings against JEMM, their affiliates, or associates, without permission of the Court. Vlasta was a lawyer and a member of the Barreau du Québec who represented the Appellant as out-of-province counsel throughout the proceedings. JEMM was issued a development permit which allowed for the construction of a multi-unit residential building on land adjacent to the Appellant’s property. The Appellant appealed the decision granting the permit to the Subdivision and Development Appeal Board (“SDAB”). The SDAB upheld the decision to issue the permit (“SDAB Decision”). The Appellant applied for permission to appeal the SDAB Decision. A Case Management Officer (“CMO”) issued an administrative decision granting JEMM’s request to move the hearing to an earlier date. The Appellant sought to rescind the CMO’s directions. JEMM argued the Appellants’ inappropriate courtroom behaviour and numerous applications to challenge virtually every decision made against them constituted vexatious behaviour. JEMM further argued Vlasta was not a lawyer authorized to provide legal services in Alberta as she exceeded the 20 days permitted under the Rules of the Law Society of Alberta (“Rules”). The Appellant and Vlasta denied they were vexatious. They argued JEMM could not point to any pattern of persistent conduct that would justify a vexatious litigant order....
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