ATB Financial v Dimsdale Auto Parts Ltd
ATB Financial
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Susie Trace

Dimsdale Auto Parts Ltd
Law Firm / Organization
Not Specified
Elliot James Edward McDavid
Law Firm / Organization
Self Represented
Edward Jay Robin Belanger
Law Firm / Organization
Not Specified

Key Points:

  • Background: ATB Financial sought foreclosure on a mortgaged property owned by Dimsdale Auto Parts Ltd. Elliot McDavid, the owner, personally guaranteed the mortgage.

  • Third-Party Involvement: Edward Belanger, not a licensed lawyer, involved himself in the case claiming to be “amicus curiae” and McDavid’s religious representative. The court found this role false and unauthorized.

  • Pseudolegal Tactics: Belanger, through his organization (Church of the Ecumenical Redemption International - CERI), argued that Canadian laws are invalid if they contradict the King James Bible. He used pseudolegal strategies (OPCA tactics) previously discredited in Canadian courts.

  • Court Rulings:

    • Belanger’s legal arguments were dismissed as baseless.
    • He was barred from acting as a representative, entering Alberta courthouses, or filing documents unless personally involved in the case.
    • Any communication with the court must be through registered mail or a licensed lawyer.
    • ATB Financial was encouraged to seek additional restrictions against Belanger for abusive litigation under the Judicature Act.

The court emphasized protecting its processes from disruptive pseudolaw tactics and preventing further harm to individuals misled by Belanger’s schemes.

No monetary award specified.

Court of King's Bench of Alberta
2303 10871
Corporate & commercial law
Plaintiff