Smith v Edmonton Public School Board, 2019 ABQB 900

Court of Queen’s Bench of Alberta Citation: Smith v Edmonton Public School Board, 2019 ABQB 900 Date: 20191125 Docket: 1903 17231 Registry: Edmonton Between: Ordean Smith Plaintiff - and - Edmonton Public School Board Defendant _______________________________________________________ Endorsement of the Associate Chief Justice K.G. Nielsen _______________________________________________________ I. Introduction [ 1 ] On September 30, 2019, Ordean Smith (Ms. Smith) filed a Statement of Claim against the Edmonton Public School Board (EPSB).

[ 2 ] The Statement of Claim was brought to my attention under para 5 of Civil Practice Note No. 7 (CPN7) to review as a possible Apparently Vexatious Application or Proceeding (AVAP). I am designated to receive and review AVAPs in Edmonton at the Court of Queen’s Bench. [ 3 ] I reviewed the Statement of Claim and concluded it is an AVAP because it has many elements that the courts have said indicate that it may be a hopeless and abusive proceeding: Smith v Edmonton Public School Board , 2019 ABQB 825 ( Smith #1 ). The Statement of Claim: 1.

Makes bald allegations without including material facts or a factual foundation ( Smith #1 at paras 13-15 ); and, 2. Seeks remedies that are excessive, impossible, or disproportionate ( Smith #1 at paras 16-17 ). [ 4 ] Under the CPN7 process Ms. Smith had 14 days to provide the Court with a Written Submission, of no more than 10 pages, responding to the Court’s concerns about the Statement of Claim. The Defendant, EPSB, then had seven days to provide a Written Reply to the Court. [ 5 ] On November 15, 2019, the Court received a Written Submission from Ms. Smith.

On November 19, 2019, the Court received EPSB’s Written Reply. [ 6 ] I must now review Ms. Smith’s Written Submission and EPSB’s Written Reply and make a final determination on whether the Statement of Claim should be struck out in whole or in part under Rule 3.68 of the Alberta Rules of Court , Alta Reg 124/2010 . II. Analysis [ 7 ] I have reviewed Ms.

Smith’s Written Submission and conclude that it does not adequately respond to the apparent defects in the Statement of Claim specified in Smith #1 , because the Written Submission does not adequately address the following: • The particulars for a claim for negligence; • The particulars for a claim for harassment; and, • The particulars for a claim for conspiracy. [ 8 ] In her Written Submission Ms.

Smith details mental strains and emotional trauma allegedly suffered by her children, however these strains and trauma are not sufficiently connected to allegations against EPSB, and further, as Counsel for the EPSB points out, Ms. Smith’s children are not named as plaintiffs in the action. [ 9 ] Essentially, Ms. Smith’s Written Submission repeats the allegations in the Statement of Claim. In her Written Submission, Ms. Smith makes numerous allegations of “3 rd degree harassment” which is not a part of Canadian law. Ms.

Smith also makes allegations of blackmail, which are not particularized. [ 10 ] Further, the Written Submission does not address or clarify how the Statement of Claim does not seek disproportionate or impossible remedies. III. Conclusion [ 11 ] Ms. Smith has not provided adequate responses to the apparent defects in the Statement of Claim. The Statement of Claim is struck out immediately under Rule 3.68 of the Alberta Rules of Court . [ 12 ] Ms. Smith’s Statement of Claim was filed using a fee waiver.

Misuse of the fee waiver procedure opens Alberta courts to abusive litigation: Martinez v Chaffin, 2019 ABCA 216 at para 14 . It is within this Court’s inherent jurisdiction to cancel fee waivers and restrict the operation of fee waiver processes: Unrau v National Dental Examining Board, 2019 ABQB 283 at paras 884-889 . Therefore, I order that: 1. All fee waivers granted to Ordean Smith by the Clerks of the Provincial Court of Alberta, Court of Queen's Bench of Alberta, and Alberta Court of Appeal are revoked; and 2.

The Clerks of the Provincial Court of Alberta, Court of Queen's Bench of Alberta, and Alberta Court of Appeal shall refuse any fee waiver application by Ordean Smith unless Ordean Smith has a court order which authorizes permission to apply for a fee waiver effective in that Court. [ 13 ] I will not impose any further court access restrictions on Ms. Smith at this time. However, if Ms. Smith persists in filing hopeless and abusive proceedings, future court access restrictions may become necessary. [ 14 ] The CPN7 process was initiated by the Court and there shall be no costs associated with this order.

The Court will prepare and serve the Order on Ms. Smith and EPSB. Ms. Smith’s approval of the form of that Order is dispensed with under Rule 9.4(2) (

c) of the Alberta Rules of Court . [ 15 ] Ms. Smith may be served with this Endorsement by mail to her last known address.

Dated at the City of Edmonton, Alberta this 25 th day of November, 2019. K.G. Nielsen A.C.J.C.Q.B.A. Appearances: None