The Alberta Court of King’s Bench has, once again, rejected a litigation request from a former CIBC worker with a history of filing “abusive hopeless proceedings.”
NJ, a self-represented individual who was dismissed from CIBC in 2010, was labeled a “vexatious litigant” in a 2022 decision and faced court access restrictions requiring him to obtain permission before initiating or continuing litigation in Alberta.
In his latest attempt, NJ submitted a one-page document titled “Re: Leave to Commence Proceeding,” arguing for a Charter remedy and challenging his designation as a vexatious litigant. He claimed wrongful dismissal and violation of his mobility and equality rights under the Canadian Charter of Rights and Freedoms. His application, however, lacked the necessary supporting materials, including an affidavit and a clear outline of his proposed legal actions.
“Even basic information, such as who (he) seeks to sue, is entirely missing,” the court said.
Justice Nixon identified multiple grounds for rejecting NJ’s request. The decision emphasized NJ’s failure to comply with procedural requirements and his inability to provide sufficient basis or evidence for his proposed litigation.
Furthermore, the court noted that any attempt by NJ to challenge his vexatious litigant status would constitute a collateral attack on a previously adjudicated matter, over which the court had no jurisdiction.
The ruling also referenced a parallel judgment from the British Columbia Court of Appeal, which underlines the need for a broad and contextual evaluation of proposed litigation, especially when dealing with individuals subjected to court access restrictions.
NJ’s history of litigation abuse, which spans decades and involves multiple jurisdictions, was highlighted as a significant factor in the decision. His pattern of re-litigating issues, forum shopping, and failing to pay costs were among the behaviors cited as abusive.
“It is obvious… that (NJ) has again rejected the conclusions of the Federal, Saskatchewan, and Ontario courts,” it said. “Each of those courts have already repeatedly responded to and rejected the same and arguments made by (NJ). Some of the matters (he) complains about trace back to the late 1980s.”
Justice Nixon advised NJ to consult a lawyer before submitting any future requests and cautioned about potential penalties for abusing the court’s processes.
“I caution (him) that this Court may impose penalties if he abuses the Court’s leave processes,” it said.
For more information see Joshi (Re), 2023 ABKB 683 (CanLII).
