Allabadi v Desjardins, 2020 ABQB 795

Court of Queen’s Bench of Alberta Citation: Allabadi v Desjardins, 2020 ABQB 795 Date: 20201217 Docket: 1603 14757 Registry: Edmonton Between: Tapan Allabadi Plaintiff - and - Desjardins Financial Security Life Assurance Company Defendant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice B.R.

Burrows _______________________________________________________ [ 1 ] Desjardins Financial seeks an order declaring Tapan Allabadi in civil contempt for failing to comply with my Order of April 5, 2019 requiring that he disclose specified documents relevant in this litigation to Desjardins. Alternatively, Desjardins seeks an order striking Mr. Allabadi’s claim. [ 2 ] Mr. Allabadi commenced this action on August 19, 2016. From early 2011, Mr. Allabadi was an employee of Worley Parsons Canada and his health benefits insurance was provided by Desjardins. Mr.

Allabadi alleges that he made claims under that insurance starting in March 2014. Eventually, he claimed for long term disability benefits and Desjardins denied his claim. When he was terminated by Worley Parsons the insurance coverage ended. He claims that the denial of his claims and the cancellation of his coverage were unjustified and seeks various remedies including reinstatement of group benefits, “Aggravated and/or Exemplary Damages” of $750,000, and damages for emotional distress of $250,000. [ 3 ] Desjardin filed its Statement of Defence on September 15, 2016. [ 4 ] I understand that both Mr.

Allabadi and Desjardins complied with their obligations to serve Affidavits of Records within the time limits set out in the Rules. That would have occurred before the end of 2016.

[ 5 ] The action has not progressed significantly since then even though more than four years have passed. There have been several applications but they have accomplished very little. [ 6 ] I was assigned to case manage the action in July 2018. [ 7 ] At the first case management meeting on November 29, 2018, Mr. Allabadi stated that he sought better document disclosure from Desjardins than he had received. Similarly, Desjardins indicated that it would require updated medical information and other disclosure from Mr. Allabadi.

I ordered that both parties bring formal applications for document disclosure before me on April 5, 2019 and set deadlines for the filing and serving of materials in relation to those applications. [ 8 ] On April 5, 2019, Desjardins’ application proceeded. Mr. Allabadi’s did not. [ 9 ] On Desjardins’ application, Mr. Downe made submissions as to why each of several specifically described categories of documents in Mr. Allabadi’s possession or power were relevant to the action and why Mr. Allabadi should be ordered to produce them. Mr.

Allabadi’s response submissions were generally that some of the documents or some of the information in them would not be relevant in the action, that some of the documents contained personal information, and that Desjardins had other ways of obtaining some of the documents. [ 10 ] I was satisfied that the documents Desjardins sought are relevant and should be produced by Mr. Allabadi. However, I ordered that Mr. Allabadi obtain the records, black out any information on them that he considered irrelevant, provide the redacted document to Mr.

Downe who could then determine whether or not any further application was required. I ordered that Mr. Allabadi produce the documents by June 7, 2019. [ 11 ] The order required Mr. Allabadi to produce: a. Alberta Health Care Statement of Benefits from January 1, 2014 to present. b. Copies of the charts of all medical doctors Mr. Allabadi consulted after January 1, 2014. c. Copies of the charts of any other health care providers Mr. Allabadi consulted after January 1, 2014 including physiotherapists, chiropractors or massage therapists. d. A copy of Mr.

Allabadi’s Canada Pension Plan claims file, including his application letter and CPC’s decision letter. e. A list of prescription medications from Mr. Allabadi’s pharmacist/pharamacy(

s) from January 1, 2014 to the present; f. A copy of his personal income tax returns for the taxation years 2016 and 2017; g. A copy of his employment file with Worley Parsons Canada Services Ltd. [ 12 ] Mr. Allabadi became emotionally upset as a result of my disposition in Desjardins’ application and was unable to compose himself sufficiently to present his own motion. I did not therefore deal with his application. In effect it was adjourned sine die . [ 13 ] On February 27, 2020, Desjardins filed this application returnable April 3, 2020.

The application did not proceed on that day because of the shut-down of this Court resulting from the Covid-19 pandemic. When the Court resumed sittings, arrangements were made for the application to be heard on November 30, 2020. [ 14 ] Desjardins relies on the affidavit of Shamil Baksh, a representative of Desjardins. In the affidavit Mr. Baksh provides details of what Mr. Allabadi has produced in response to my April 5, 2019 Order. Mr. Allabadi has provided the Alberta Health Care Statement, item “a” in list of ordered items.

He has provided some documents which would come within some of the other categories in my Order, but not all of the documents in any of the other categories. In some cases, he has provided none of the documents in the category listed in the April 2019 Order. [ 15 ] It appears that Mr. Allabadi continues to object to the production of many of the documents on the same grounds he raised at the April 5, 2019 application. I have dismissed those objections. Mr. Allabadi has not appealed my Order. My Order stands. Mr.

Allabadi is obliged to comply with it. [ 16 ] A Plaintiff is obliged to produce relevant documents to the Defendant he is suing, even though they contain what might generally be considered personal and private information. The Defendant’s right to production of documents relevant to the Plaintiff’s claim takes priority over the Plaintiff’s confidentiality and privacy rights except where a privilege attaches to the document. No claim of privilege was raised at the application for the April 2019 Order and it does not appear to me that any privilege could exist. [ 17 ] Mr.

Allabadi has filed masses of other documents on the Court file and has provided them to Desjardins. They are not however the documents that were ordered to be produced. They are not listed and there is no apparent organization to them. The relevance of most of them is doubtful. [ 18 ] It has been plain to me in my dealings with Mr. Allabadi that he does not understand, or chooses not to understand, how civil litigation works. I have tried to organize assistance for him through the Court’s Case Management Counsel. He has been referred to other agencies where assistance might be obtained.

I have seen nothing to indicate that any of these efforts have been effective. [ 19 ] I have explained to Mr. Allabadi that given that I determined in April 2019 that the documents Desjardins sought are relevant to the action, and ordered that he produce them to Desjardin, he must do so. I have attempted to ensure that Mr. Allabadi understands what documents he is required to produce. I believe he understands my explanations but continues to maintain the objections that I dismissed in making the April 2019 order. As those objections were dismissed, they cannot justify his failure to comply with the Order.

[ 20 ] Mr. Allabadi’s response to the Order should be a written list of the documents he has gathered in each of the categories listed in the April 2019 Order. Copies of the documents themselves should be attached to the list. If there is any document which the Order requires him to produce which he has tried but failed to obtain, the list should include his statement of what efforts he made to obtain the document, and why they failed.

He should, in an affidavit, swear that the list he has prepared identifies every document in each category in the April 5, 2019 Order which is in his power or possession and that the information he provides as to documents he has been unable to produce is true. He should provide the affidavit with the list and the documents to counsel for Desjardins, Mr. Downe. [ 21 ] If he does not comply with the April 2019 Order in this way it is likely his action will be struck out. [ 22 ] I will give Mr. Allabadi one last chance to comply.

I now order that he provide the documents I ordered to be produced in the April 5, 2019 Order in the format described in paragraph [20], to Mr. Downe, counsel for Desjardins, by close of business on Monday, March 1, 2021. If he fails to do so or if the format of his compliance is disorganized to the point that it is not reasonably possible to discern that he has complied with the Order, that is, if it is not in the format described in paragraph [20] above, Desjardins may apply for this action to be struck. [ 23 ] Desjardins is entitled to costs of this application which I fix at $1000.00. [ 24 ] Mr.

Downe shall prepare the formal order. I direct, pursuant to Rule 9.4(2)(c), that approval of the form of order by Mr. Allabadi is not required. Heard on the 30 th day of November, 2020. Dated at the City of Edmonton, Alberta this 17 th day of December, 2020. B.R. Burrows J.C.Q.B.A. Appearances: Tapan Allabadi appeared without counsel Daniel A. Downe, Q.C. for the Defendant