Badawy v Hamad, 2019 ABQB 786

Court of Queen’s Bench of Alberta Citation: Badawy v Hamad, 2019 ABQB 786 Date: Docket: 4801 182511 Registry: Calgary Between: Wael Maged Badawy Plaintiff - and - Roya Hamad Defendant _______________________________________________________ Endorsement of the Associate Chief Justice J.D. Rooke _______________________________________________________ [ 1 ] Wael Maged Badawy was declared a vexatious litigant by Madam Justice Campbell in Intelliview Technologies v Badawy , 2018 ABQB 961 . Mr.

Badawy has been the subject of no less than five orders restricting his ability to file proceedings in this Court and in the Court of Appeal. Justice Campbell’s Order dated November 30, 2018 provides that Mr. Badawy is prohibited from commencing any proceeding in this Court without leave and that an application for such leave will be accepted only if Mr. Badawy is represented by a member in good standing of the Law Society of Alberta. [ 2 ] Despite these restrictions, an error was made by the Clerk of the Court which unjustifiably enabled Mr.

Badawy to file a Statement of Claim for Divorce and Division of Matrimonial Property against the Defendant, Ms. Hamad. Mr. Badawy also filed a Notice to Disclose Application and a Certificate of Lis Pendens, the latter of which he registered against Ms. Hamad’s home. [ 3 ] Even without the restrictions on Mr. Badawy, this filing would have been invalid as it appears that the parties were not married. In any event, Mr. Badawy’s attempt to commence a proceeding in this Court with neither leave nor representation is clearly contrary to Justice Campbell’s Order. [ 4 ] Accordingly, Mr.

Badawy’s Statement of Claim, his Notice to Disclose Application and his Certificate of Lis Pendens are hereby struck and any fees paid in respect of those filings are forfeit. [ 5 ] The Registrar of Land Titles is directed to cancel the registration of the Certificate of Lis Pendens pursuant to s. 152 of the Land Titles Act , RSA 2000, c L-4 , as amended (the “ Act ”), with no need to comply with s. 191 of the Act . [ 6 ] Mr. Badawy may be served with this Endorsement by email and by mail at his last known email and physical addresses.

Dated at the City of Calgary, Alberta this 8 th day of October, 2019. J.D. Rooke A.C.J.C.Q.B.A.