Kibalian v. Canada
YEGHIA KIBALIAN
Law Firm / Organization
Self Represented
THE CROWN IN THE RIGHT OF HIS MAJESTY THE KING

The case "Kibalian v. Canada" involves Yeghia Kibalian's challenge against the Crown, wherein the Federal Court of Canada addressed a motion by the defendant to strike Kibalian's Statement of Claim for being vexatious and without merit. Key points include:

  • Motion to Strike: The Crown sought to strike Kibalian's claim, alleging it was baseless and to declare him a vexatious litigant under the Federal Courts Act.
  • Vexatious Litigant: The court considered Kibalian's history of litigation and the substance of his claims, particularly his assertion of a right to opt out of tax obligations, which it deemed meritless and characteristic of Organized Pseudolegal Commercial Arguments (OPCA).
  • Decision: The court struck Kibalian's claim, dismissed the action without leave to amend, and declared him a vexatious litigant, prohibiting him from initiating or continuing proceedings in the court without permission.
  • Costs: Kibalian was ordered to pay $1,000 in costs to the defendant.

This decision underscores the court's stance against baseless claims and the misuse of judicial resources, emphasizing the importance of substantive and procedurally correct litigation.

Federal Court
T-2147-23
Taxation
$ 1,000
Defendant
10 October 2023