Dmyterko v Simplii Financial, 2021 ABQB 251

Court of Queen’s Bench of Alberta Citation: Dmyterko v Simplii Financial, 2021 ABQB 251 Date: 20210331 Dockets: 2101 01667, 2101 01668 Registry: Calgary Between: Docket 2101 01667 Janice Dmyterko Plaintiff - and - Simplii Financial Defendant And between: Docket 2101 01668 Janice Dmyterko Plaintiff - and - CIBC Investment Banking Defendant _______________________________________________________ Memorandum of Decision

of the Associate Chief Justice J.D. Rooke _______________________________________________________ [ 1 ] On March 12, 2021, Counsel for Simplii Financial. [Simplii] and CIBC Investment Banking [CIBC] referred to the Court two Statements of Claim filed by Janice Dmyterko [Ms. Dmyterko] as candidate Apparently Vexatious Applications or Proceedings [AVAPs] pursuant to Civil Practice Note No. 7 [CPN7] paragraph 6. I am designated to receive and review potential CPN7 processes in Southern Alberta. After review of Ms.

Dmyterko’s filings, I concluded in a decision reported as Dmyterko v Simplii Financial , 2021 ABQB 198 [ Dmyterko #1 ] that the two Statements of Claim are AVAPs and should be subject to a CPN7 “show cause” document-based review. [ 2 ] Ms. Dmyterko was asked to provide an up to ten-page Written Submission that responded to two questions: 1. How do the Statements of Claim provide a basis for a meaningful response by the Court and Defendants? 2. How are the remedies sought in the Statements of Claim not excessive and/or impossible? [ Dmyterko #1 at para 23 .] [ 3 ] The deadline for Ms.

Dmyterko’s Written Submission has passed. Nothing has been received. I, therefore, conclude that Ms. Dmyterko has not rebutted the Dmyterko #1 prima facie conclusion that the Docket 2101 01667 and 2101 01668 Statements of Claim are hopeless and abusive proceedings. Accordingly, I order the Docket 2101 01667 and 2101 01668 Statements of Claim struck out pursuant to CPN7 para 3(

c) and Alberta Rules of Court , Alta Reg 124/2010 Rule 3.68. [ 4 ] When an action is terminated via the CPN7 process, the usual practice of this Court is to award costs in favour of the litigant who referred the matter to the Court: e.g. Ahad v Calgary Housing Company , 2020 ABQB 450 at para 9 ; Phillips v Kenney , 2020 ABQB 452 at para 9 ; Skrypichayko v Law Society of Alberta , 2020 ABQB 604 at para 43 ; Feeney v Alberta , 2020 ABQB 633 at para 6 . I see no reason to depart from that approach in this instance. Ms. Dmyterko sought millions in damages in both lawsuits. Given that quantum, and Alberta Rules of Court

Schedule C, I order Ms. Dmyterko pay each Defendant $500 in costs, forthwith. [ 5 ] Counsel for the Defendants shall prepare and serve the court Order giving effect to this decision. Ms. Dmyterko’s approval of that Order is not required, pursuant to Rule 9.4(2)(c). Dated at the City of Calgary, Alberta this 31 st day of March, 2021. J.D. Rooke A.C.J.C.Q.B.A. Appearances: Jordan M. Gruman Anderson Avocats, Barristers, & Solicitors for the Defendants