Claybrook v Alberta (Health Services), 2021 ABQB 237

Court of Queen’s Bench of Alberta Citation: Claybrook v Alberta (Health Services), 2021 ABQB 237 Date: 20210326 Dockets: 2103 02804, 2103 02805, 2103 02806 Registry: Edmonton Between: Action 2103 02804 Cody Wyvil Claybrook Plaintiff - and - Alberta Health Services Defendant And between: Action 2103 02805 Cody Wyvil Claybrook Plaintiff - and - The Homeless Supports Initiative Defendant And between: Action 2103 02806 Cody Wyvil Claybrook

Plaintiff - and - The Homeless Supports Initiative Defendant _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] On March 1, 2021, Cody Wyvil Claybrook (Mr. Claybrook) filed three handwritten Statements of Claim, naming Alberta Health Services as the Defendant in one action, and the Homeless Supports Initiative as the Defendant in the other two matters. The Statement of Claim documents are difficult to read and understand.

The bodies of the three Statements of Claim are reproduced in Claybrook v Alberta (Health Services) , 2021 ABQB 182 at para 2 ( Claybrook #1 ). Mr. Claybrook did not pay filing fees for these three lawsuits since Mr. Claybrook had a fee waiver. [ 2 ] Mr. Claybrook’s Statements of Claim were referred to me by the Clerk of the Court as Apparently Vexatious Applications or Proceedings (AVAPs), pursuant to Civil Practice Note No. 7 (CPN7), paragraph 5. I reviewed Mr.

Claybrook’s Statements of Claim, and in Claybrook #1 concluded that these pleadings appeared to exhibit prima facie defects that warranted a CPN7 show-cause document- based review. Mr. Claybrook was requested to provide an up to ten-page Written Submission to explain h ow the Statements of Claim provide an adequate basis for the Court and Defendants to make a meaningful response. [ 3 ] The deadline for Mr. Claybrook’s Written Submission has passed. Nothing has been received from Mr. Claybrook. I, therefore, conclude Mr. Claybrook has not rebutted the fatal defects identified in Claybrook #1 .

Pursuant to r 3.68 of the Alberta Rules of Court , AR 124/2010 and CPN7, para 3(c), the Statements of Claim in Action Nos. 2103 02804, 2103 02805, 2103 02806 are struck out as an abuse of the Court. [ 4 ] No costs flow from this outcome since this Court does not usually order costs when the Clerk of the Court refers an AVAP pursuant to CPN7 paragraph 5: Peets v Alberta (Justice and Solicitor General) , 2019 ABQB 565 at para 6 . [ 5 ] I strongly encourage Mr. Claybrook to seek legal advice and assistance prior to initiating any future legal actions.

There are a variety of organizations in Edmonton that offer free legal advice and/or information, for example, Edmonton Community Legal Centre (ECLC) and Student Legal Services of Edmonton. [ 6 ] Counsel for Alberta Health Services will prepare and serve the Order giving effect to this decision. Mr. Claybrook’s approval of that Order is not required, pursuant to r 9.4(2)(

c) of the Alberta Rules of Court . Mr. Claybrook may be served this Decision and the corresponding Order to the email address identified on Mr. Claybrook’s Statement of Claim in Action No. 2103 02805: dawndepon@hotmail.com. Dated at the City of Edmonton, Alberta thi s 26 th day of March, 2021. K.G. Nielsen A.C.J.C.Q.B.A.

Appearances: None