Twilhaar v Alberta (Legislature), 2021 ABQB 312

Court of Queen’s Bench of Alberta Citation: Twilhaar v Alberta (Legislature), 2021 ABQB 312 Date: 20210420 Docket: 2103 03737 Registry: Edmonton Between: Henry John Twilhaar Plaintiff - and - Alberta Legislature C/O Sarah Hoffman Defendant _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] On March 29, 2021, Henry John Twilhaar (Mr. Twilhaar) filed a Statement of Claim, naming “Alberta Legislature C/O Sarah Hoffman” as the Defendant. The Statement of Claim is impossible to summarize.

The first two pages of the Statement of Claim are reproduced in Twilhaar v Alberta (Legislature) , 2021 ABQB 255 at para 2 ( Twilhaar #1 ). [ 2 ] Mr. Twilhaar’s Statement of Claim was referred to me by the Clerk of the Court as an Apparently Vexatious Application or Proceeding (AVAP), pursuant to Civil Practice Note No. 7 (CPN7), paragraph 5. I reviewed Mr. Twilhaar’s Statement of Claim, and, in

Twilhaar #1 , concluded that this pleading appeared to exhibit prima facie defects that warranted a CPN7 show-cause document-based review. Mr. Twilhaar was requested to provide an up to ten-page Written Submission that responded to two questions: 1) How does the Statement of Claim provide an adequate basis for the Court and Defendant to make a meaningful response? 2) How are the remedies sought in the Statement of Claim not excessive or impossible? ( Twilhaar #1 at para 14 .) [ 3 ] The deadline for Mr. Twilhaar’s Written Submission has passed. Nothing has been received from Mr. Twilhaar.

I, therefore, conclude Mr. Twilhaar has not rebutted the fatal defects identified in Twilhaar #1 . Pursuant to r 3.68 of the Alberta Rules of Court , AR 124/2010 and CPN7, para 3(c), the Statement of Claim in Action No. 2103 03737 is 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.

Twilhaar 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 and Student Legal Services of Edmonton. [ 6 ] The Court will prepare and serve the Order giving effect to this decision. Mr. Twilhaar’s approval of that Order is not required, pursuant to r 9.4(2)(

c) of the Alberta Rules of Court . Dated at the City of Edmonton, Alberta thi s 20 th day of April, 2021. K.G. Nielsen A.C.J.C.Q.B.A. Appearances: None