Sharifi-Zanjani v MacEwan University, 2019 ABQB 979

Court of Queen’s Bench of Alberta Citation: Sharifi-Zanjani v MacEwan University, 2019 ABQB 979 Date: 20191219 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.

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). After review of the Statement of Claim I found that it was an AVAP and a suitable candidate for a CPN7 process: Sharifi-Zanjani v MacEwan University , 2019 ABQB 845 ( Sharifi-Zanjani #1 ) .

[ 2 ] Pursuant to CPN7, Mr. Sharifi-Zanjani had 14 days to submit a Written Submission of no more than 10 pages to explain why his Statement of Claim is a valid action. No Written Submission was received and I struck out Mr. Sharifi-Zanjani’s Statement of Claim, ended Mr. Sharifi-Zanjani’s fee waiver, and ordered that Mr. Sharifi-Zanjani would need permission of the Court to apply for a fee waiver in the future: Sharifi-Zanjani v MacEwan University , 2019 ABQB 936 . [ 3 ] On December 17, 2019, I received a telephone message from Mr.

Sharifi-Zanjani advising that he had submitted a Written Submission on November 20, 2019. I located the Written Submission. The Written Submission had been filed at the Edmonton courthouse but had not been addressed and directed to me by Mr. Sharifi-Zanjani, and so had not been brought to my attention. [ 4 ] On the basis that Mr. Sharifi-Zanjani filed his Written Submission within the 14 days provided for in CPN7, and despite the fact that Mr. Sharifi-Zanjani did not address and direct his Written Submission to my attention, I will consider Mr. Sharifi-Zanjani’s Written Submission. [ 5 ] Mr.

Sharifi-Zanjani has not substantively responded to the defects and concerns I identified in Sharifi-Zanjani #1 . The Written Submission is essentially an expanded version of his Statement of Claim. He has not provided particulars of the defamation he alleges, which is required under Rule 13.7 (

f) of the Alberta Rules of Court, AR 124/2010 . With respect to my concern about disproportionate or impossible remedies, he believes that his requested damages are not excessive and notes that he needs more time to calculate his damages. This is not an adequate response to my concerns about disproportionate or impossible remedies. [ 6 ] I conclude that my decision to strike Mr. Sharifi-Zanjani’s Statement of Claim was correct, as it is a hopeless and abusive proceeding. Mr. Sharifi-Zanjani’s fee waiver permission requirement will continue. [ 7 ] Mr.

Sharifi-Zanjani may be served with this decision by mail at the address that appears on his Written Submission. Dated at the City of Edmonton, Alberta this 19 th day of December, 2019. K.G. Nielsen A.C.J.C.Q.B.A. Appearances: None.