ATB Financial v 1719091 Alberta Ltd
ATB Financial
Law Firm / Organization
Dentons Canada LLP
1719091 Alberta Ltd
Law Firm / Organization
Unrepresented
Clearwater Radiator Inc
Law Firm / Organization
Unrepresented
Edgewood Products Inc
Law Firm / Organization
Unrepresented
Michael David Coe
Law Firm / Organization
Unrepresented

Key Issues:

  • ATB Financial sought court access restrictions against the Defendants for vexatious litigation under the Judicature Act.
  • Mr. Coe used Organized Pseudolegal Commercial Argument (OPCA) strategies to challenge ATB’s debt collection.

Proceedings:

  • Initial Hearing: May 14, 2024. Justice Michalyshyn granted a property-related Order and referred the court access restriction issue to Associate Chief Justice Nielsen.
  • Documentary Hearing: Submissions were due by June 7, 2024. Only ATB complied.

Findings:

  • Defendants did not initially contest the debt, leading to Default and Consent Judgments.
  • Mr. Coe’s OPCA tactics, such as "Accept For Value" (A4V) and Strawman Theory, were deemed legally invalid and abusive.
  • The court found Mr. Coe’s arguments unfounded and an abuse of process.

Decision:

  • Denied ATB's Application: The court did not declare the Defendants vexatious litigants.
  • Granted Limited Scope Order: A Grepe v Loam order restricts the Defendants from initiating applications without court leave.
  • Security for Costs: Defendants must pay $10,000 before further court actions.
  • Recommendation: Mr. Coe should review relevant case law and consult a certified lawyer.

Implications:

  • The court balanced restricting abusive litigation and protecting access to justice, emphasizing valid legal processes over pseudolaw.

Next Steps:

  • ATB’s Counsel to draft the Order.
  • Mr. Coe advised to seek legal counsel to avoid further negative consequences.

 

Court of King's Bench of Alberta
2203 12106
Civil litigation
$ 10,000
Applicant