Canadian Imperial Bank of Commerce v Gorna
Canadian Imperial Bank of Commerce
Law Firm / Organization
Kronis, Rotsztain, Margles, Cappel LLP
Lawyer(s)

Mark Lieberman

Honorata Gorna also known as Honorata Lidia Gorna also known as Honorata McCabe also known as Honorata Lidia McCabe
Law Firm / Organization
Not Specified

 

Key Points:

  • Statement of Claim and Defence:

    • The Plaintiff, CIBC, filed a Statement of Claim on December 4, 2023.
    • The Defendant submitted a Statement of Defence on January 15, 2024.
  • Civil Practice Note 7 (CPN7) Review:
    • The Plaintiff’s counsel requested a CPN7 review of the Statement of Defence on January 31, 2024.
    • The Court issued an AVAP (Application Validity and Procedural) Notice on June 7, 2024, initiating the CPN7 process.
  • Findings:
    • The Statement of Defence was deemed frivolous, vexatious, and an abuse of process.
    • It included pseudo-legal commercial arguments, such as identifying the Defendant as a "beneficial user" and attempting to discharge debts without actual payment.
  • Order:
    • The Statement of Defence was struck under rule 3.68(1) of the Alberta Rules of Court.
    • The Plaintiff was instructed to prepare the Order without requiring the Defendant’s approval as per rule 9.4(2)(c).
  • No monetary award specified.
Court of King's Bench of Alberta
2301 16135
Banking/Finance
Plaintiff