Ms. Hayden, a persistent litigant, has a long history of legal disputes, primarily against Alberta Health Services (AHS). Due to abusive litigation, she was subject to a court access restriction, requiring leave to file documents (Hayden v Hayden, 2020).
2023 Decision (ABKB 384):
- Focus: Ms. Hayden challenged costs awarded in the foreclosure of her home initiated by CIBC.
- Outcome: The court rejected her appeal, finding her grounds meritless and repetitive. Ms. Hayden had previously been penalized $11,000 for litigation misconduct, which was paid from the foreclosure proceeds.
2024 Decision (ABKB 139):
- Focus: Ms. Hayden sought to challenge the distribution of foreclosure proceeds and nullify prior AHS cost orders.
- Outcome: The court denied her applications, deeming them collateral attacks on settled matters. Further penalties were considered pointless as she continuously ignored court orders.
Outcome:
- Foreclosure Complete: The proceeds were allocated per prior rulings, including payments to AHS.
- No Further Penalties: The court concluded Ms. Hayden’s conduct made sanctions ineffective.
- Next Steps: If dissatisfied, Ms. Hayden was advised to seek leave from the Supreme Court of Canada.
- At least $55,759.37 in costs and penalties awarded against Ms. Hayden, extracted from the proceeds of the foreclosure sale of her residence.
- $44,759.37: Outstanding costs owed by Ms. Hayden to AHS, as registered against the foreclosure proceeds.
- $11,000: Penalties imposed on Ms. Hayden under Alberta Rules of Court (Rule 10.49(1)) for litigation misconduct, which were also paid from the foreclosure sale proceeds.
