Andre Lemay sued Zen Residential Ltd. for breaches of the Residential Tenancies Act.
Andrew S. Botar, who has a record of misconduct and is prohibited from engaging with the court, filed documents on Lemay’s behalf, violating a court order.
Contempt of Court:
Despite being banned, Botar filed documents for Lemay in this case and another related case (Lemay v Zen Residential Ltd., Action No. 2303 20025).
Botar’s actions were found to be in contempt of court.
Court Proceedings and Findings:
Lemay’s Originating Application was filed with Botar's assistance on November 23, 2023.
Zen Residential Ltd. argued the application was illegally filed due to Botar's involvement.
Justice Leonard concluded that the December 6, 2023, order from Applications Judge Schlosser was nullified because it was based on improperly filed documents.
Outcome:
The court stayed the Lemay RTA Application.
Lemay has until March 1, 2024, to submit replacement filings, or the case will be terminated, and costs may be imposed.
Justice Leonard’s decision aligns with the previous ruling by Acting Chief Justice Nielsen in the related case.
Judicial Principles:
Judicial Comity and Horizontal Stare Decisis: Decisions within the same court should be consistent unless clearly wrong.
Conclusion:
The court emphasizes adherence to procedural rules and the consequences of contempt.
Lemay must rectify the procedural issues with his filings by March 1, 2024, or face termination of his case.
The court document did not detail any specific amount for costs or damages ordered at this stage.
