Sharifi-Zanjani v MacEwan University, 2019 ABQB 936

Court of Queen’s Bench of Alberta Citation: Sharifi-Zanjani v MacEwan University, 2019 ABQB 936 Date: 20191206 Docket: 1903 17235 Registry: Edmonton Between: Mohammadreza Sharifi-Zanjani Plaintiff - and - MacEwan University and John Doe Defendants _______________________________________________________ Endorsement of the Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] On October 3, 2019, Mohammadreza Sharifi-Zanjani (Mr.

Sharifi-Zanjani) filed a Statement of Claim against MacEwan University and John Doe. [ 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 the judge assigned to review the AVAPs filed 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: Sharifi-Zanjani v MacEwan University , 2019 ABQB 845 ( Sharifi-Zanjani ). The Statement of Claim: 1. Does not give the necessary particulars of defamation ( Sharifi-Zanjani at para 18 ); 2. Makes bald allegations and does not give the Defendants an adequate basis on which to respond ( Sharifi-Zanjani at para 19 ); and 3.

Seeks remedies that are excessive, impossible, or disproportionate ( Sharifi-Zanjani at paras 20-21 ). [ 4 ] Under the CPN7 process Mr. Sharifi-Zanjani 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. [ 5 ] The period for Mr. Sharifi-Zanjani to respond has now passed without any response. Pursuant to CPN7 para 3(c), I conclude that Mr. Sharifi-Zanjani has not answered the apparent defects in his Statement of Claim.

I therefore order this action struck immediately pursuant to Rule 3.68 of the Alberta Rules of Court , Alta Reg 124/2010 . [ 6 ] Mr. Sharifi-Zanjani’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 Mohammadreza Sharifi-Zanjani 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 Mohammadreza Sharifi-Zanjani unless Mohammadreza Sharifi-Zanjani has a court order which authorizes permission to apply for a fee waiver effective in that Court. [ 7 ] I will not impose any court access restrictions on Mr. Sharifi-Zanjani at this time; however, if Mr.

Sharifi-Zanjani persists in filing hopeless and abusive proceedings, future court access restrictions may become necessary. [ 8 ] The CPN7 process was initiated by the Court and the Defendants did not participate. There shall be no costs associated with this order: Peets v Alberta (Justice and Solicitor General) , 2019 ABQB 565 at para 6 . The Court will prepare and serve the Order on Mr. Sharifi-Zanjani and the Defendants. Mr. Sharifi-Zanjani’s approval of the form of that Order is dispensed with under Rule 9.4(2) (

c) of the Alberta Rules of Court . [ 9 ] Mr. Sharifi-Zanjani may be served with this Endorsement by mail at his last known address. Dated at the City of Edmonton, Alberta thi s 6 th day of December, 2019. K.G. Nielsen A.C.J.C.Q.B.A. Appearances: None.