Edmonds v First National Financial GP Corporation, 2021 ABQB 389

Court of Queen’s Bench of Alberta Citation: Edmonds v First National Financial GP Corporation, 2021 ABQB 389 Date: 20210518 Docket: 2101 05090 Registry: Calgary Between: Geoff Edmonds Plaintiff - and - First National Financial GP Corporation Defendant _______________________________________________________ Memorandum of Decision of the Associate Chief Justice J.D. Rooke _______________________________________________________ [ 1 ] On April 19, 2021, Geoff Edmonds [Mr. Edmonds] filed a Statement of Claim naming First National Financial GP Corporation [FNF] as the Defendant.

On April 28, 2021, Counsel for FNF, by letter, referred Mr. Edmonds’ Application to the Court as a candidate Apparently Vexatious Application or Proceeding [AVAP] pursuant to Civil Practice Note No. 7 [CPN7] paragraph 6. I am designated to receive and review potential CPN7 processes in Southern Alberta. [ 2 ] After review of Mr. Edmond’s Statement of Claim, and a Counterclaim filed by Mr. Edmonds on November 13, 2020 in

First National Financial GP Corporation v Edmonds , Alberta Court of Queen’s Bench Docket 2001 08469, that was struck out on March 3, 2021, I concluded, in a decision reported as Edmonds v First National Financial GP Corporation , 2021 ABQB 344 [ Edmonds #1 ] , that Mr. Edmond’s Statement of Claim was an AVAP and should be subject to a CPN7 “show cause” document-based review. [ 3 ] Mr. Edmonds was asked to provide an up to ten-page Written Submission that responded to two questions: 1.

How is the Statement of Claim not a collateral attack on the March 3, 2021 Order of Justice Nixon in the First National Financial GP Corporation v Edmonds , Alberta Court of Queen’s Bench Docket 2001 08469 Action? 2. How are the remedies sought in the Statement of Claim not excessive and/or impossible? [ Edmonds #1 at para 22 .] [ 4 ] The deadline for Mr. Edmonds’ Written Submission has passed. Nothing has been received. I, therefore, conclude that Mr. Edmonds has not rebutted the Edmonds #1 prima facie conclusion that the Docket 2101 05090 Statement of Claim is a hopeless and abusive proceeding.

Accordingly, I order the Docket 2101 05090 Statement of Claim struck out pursuant to CPN7 para 3(

c) and Alberta Rules of Court , Alta Reg 124/2010 Rule 3.68. [ 5 ] 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. Given the quantum of damages sought by Mr. Edmonds, and Alberta Rules of Court

Schedule C, I order Mr. Edmonds pay the Defendant FNF $1,000 in costs, forthwith. [ 6 ] Counsel for the Defendants shall prepare and serve the court Order giving effect to this decision. Mr. Edmonds’ approval of that Order is not required, pursuant to Rule 9.4(2)(c). This Decision and the Order may be served on Mr. Edmonds by his email address: gedmonds@protonmail.com. Dated at the City of Calgary, Alberta this 18 th day of May, 2021. J.D. Rooke A.C.J.C.Q.B.A. Appearances: Kari L. Sejr Bishop & McKenzie LLP for the Defendant