Tilley v British Columbia (Attorney General), 2021 ABQB 368

Court of Queen’s Bench of Alberta Citation: Tilley v British Columbia (Attorney General), 2021 ABQB 368 Date: 20210510 Docket: 2103 04736 Registry: Edmonton Between: Douglas Andrew Tilley Plaintiff - and - The British Columbia Attorney General, the Attorney General of Canada, and Royal Canadian Mounted Police Defendants _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ I. Introduction [ 1 ] On April 13, 2021, Douglas Andrew Tilley (Mr.

Tilley) filed a six-page Statement of Claim that named the Attorney General of British Columbia, the Attorney General of Canada, and the Royal Canadian Mounted Police as Defendants. Mr. Tilley’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 am the judge assigned to review the AVAPs filed in Edmonton at the Court of Queen’s Bench. [ 2 ] The Statement of Claim indicates that Mr. Tilley is the target of a conspiracy between various law enforcement organizations, doctors, health authorities, social assistance organizations, legal services, estranged family members, and the Defendant Attorneys General. This conspiracy involves information that relates to Mr. Tilley’s mental health and that Mr.

Tilley indicates is false and biased. [ 3 ] The Statement of Claim alleges distribution of the false information and related events were “Charter Rights violations” that caused “severe Post Traumatic Stress Disorder and permanent psychological trauma”.

The Statement of Claim seeks: “A full police investigation and prosecution of any and all individuals involved in these acts.”, and “compensation” of $100,000 to $1,000,000. [ 4 ] I concluded in a decision reported as Tilley v British Columbia (Attorney General) , 2021 ABQB 310 [ Tilley #1 ] that the Statement of Claim is an AVAP since this filing had elements that Courts identify as characteristics of hopeless and abusive proceedings. The Statement of Claim was therefore an appropriate candidate for a CPN7 show-cause document-based review under r 3.68 of the Alberta Rules of Court , AR 124/2010 . Mr.

Tilley was asked to provide an up to ten-page Written Submission that responded to four questions: 1. How does the Statement of Claim provide an adequate basis for the Court and Defendants to make a meaningful response? 2. How does this Court have jurisdiction to conduct proceedings against the government of British Columbia? 3. What is the basis in law for this Court to make an Order that directs the activities of law enforcement and Crown prosecutors? 4. How are the remedies sought in the Statement of Claim not excessive or impossible? ( Tilley #1 at para 26 .) [ 5 ] The deadline for Mr.

Tilley’s Written Submission has passed. Nothing has been received from Mr. Tilley. I, therefore, conclude Mr. Tilley has not rebutted the fatal defects identified in Tilley #1 . Pursuant to r 3.68 of the Alberta Rules of Court and CPN7, para 3(c), the Statement of Claim in Action No. 2103 04736 is struck out as an abuse of the Court. [ 6 ] 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 . [ 7 ] I strongly encourage Mr.

Tilley 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. [ 8 ] The Court will prepare and serve the Order giving effect to this decision. Mr. Tilley’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 10 th day of May, 2021. K.G. Nielsen A.C.J.C.Q.B.A. Appearances: None