Plaintiff
Defendant
Overview:
A self-represented litigant, filed a $5 trillion lawsuit against 16 defendants, including medical professionals, mental health nurses, and lawyers. The claim stemmed from allegations of mistreatment under community treatment orders issued pursuant to Saskatchewan’s Mental Health Services Act.
Legal Arguments and Issues:
Kimberley Souza and Ronna Hilsendager, community mental health nurses, applied to strike the claim under Rule 7-9 of The King’s Bench Rules, arguing the statement of claim disclosed no reasonable cause of action, was scandalous, frivolous, or vexatious, and constituted an abuse of process. The court determined that:
The court also found the lawsuit frivolous and an abuse of process, noting that Klebaum had bypassed proper appeal channels provided by the Act.
Decision and Costs:
Justice M.L. Dovell struck the claim entirely against Souza and Hilsendager and awarded them fixed costs of $2,500, citing parity with similar motions in the case. The court emphasized the importance of protecting individuals performing lawful duties under statutory frameworks.
Conclusion:
The claim against Souza and Hilsendager was dismissed in its entirety for lacking merit, with costs awarded to the defendants.
Court
Court of King's Bench for SaskatchewanCase Number
KBG-SA-00760-2024Practice Area
Civil litigationAmount
$ 2,500Winner
DefendantTrial Start Date
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