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).