Anufriev v Kuznetsov, 2016 ABQB 722

Court of Queen’s Bench of Alberta Citation: Anufriev v Kuznetsov, 2016 ABQB 722 Date: 20161220 Docket: 4814 004451 Registry: St. Paul Between: Stefan Anufriev Plaintiff - and - Alexandra Kuznetsov Defendant _______________________________________________________ Endorsement of the Honourable Mr. Justice Peter Michalyshyn _______________________________________________________ [ 1 ] The plaintiff applied November 21, 2016 for an order excising impugned paragraphs from the defendant’s affidavit filed October 31, 2016. For reasons that follow the application is allowed. [ 2 ] The application was heard at an in-court case conference on November 22, 2016. The case conference was in relation to a

Summary Trial scheduled to proceed February 22-24, 2017. The defendant’s affidavit was filed in accordance with an earlier

summary trial order and case conference direction. The affidavit is meant to be the defendant’s evidence ‘in chief’, upon which she may be cross examined at the

summary trial. It was filed by the offices of the defendant’s former counsel. [ 3 ] Owing to a lack of notice for the November 21, 2016 application, on November 22, 2016 the defendant was given until December 8, 2016 to respond in writing to the application. Her written position, received December 7, 2016, was that the impugned paragraphs should remain because they are the truth, and the truth should not be removed. [ 4 ] True or not, the defendant does not address the plaintiff’s objection that the impugned paragraphs are not relevant to the issues to be heard at the

summary trial, which are restricted to issues arising from the sale of the matrimonial home and division of matrimonial property. [ 5 ] The impugned paragraphs are clearly irrelevant to those issues and, accordingly, are struck. The exception is paragraph 47 which is also struck, but on the basis that it is argument.

[ 6 ] Counsel for the plaintiff has provided a form of Order which accurately gives effect to this decision, and which I have accordingly signed. Heard on the 22 nd day of November, 2016. Dated at the Town of St. Paul, Alberta this 19 th day of December, 2016. Peter Michalyshyn J.C.Q.B.A. Appearances: Pierre Lamoureux Lamoureux Culham LLP for the Plaintiff Alexandra Kuznetsov Self-Represented Litigant