Rana v Rana, 2021 ABQB 926

Court of Queen’s Bench of Alberta Citation: Rana v Rana, 2021 ABQB 926 Date: 20211117 Docket: 1501 02369 Registry: Calgary Between: Salim Rana Applicant/Plaintiff - and - Zahir Rana, Attorney for Gulzar Rana Respondent/Defendant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice N.E. Devlin _______________________________________________________ [ 1 ] I am the Case Management Justice for this Action.

On August 4, 2021, Associate Chief Justice Rooke concluded, in a decision reported as Rana v Rana , 2021 ABQB 610 , that the Plaintiff, Salim Rana, is an abusive litigant who is a candidate for court access restriction gatekeeping pursuant to Judicature Act , RSA 2000, c J-2 , ss 23-23.1. In Rana v Rana , 2021 ABQB 610, Associate Chief Justice Rooke at para 7 imposed interim court access restrictions on Salim Rana because: ...

Salim has already been found by this Court to have engaged in multiple and repeated instances of abusive litigation, and Salim has engaged in collateral attacks on prior decisions of the Court. Salim has refused to follow court procedure, with the result that Salim was assessed elevated cost awards given Salim’s open and defiant abuse of court processes ... [ 2 ] Paragraph 2 of the corresponding August 4, 2021 Interim Court Access Restrictions Order states: Salim Rana is prohibited from commencing, or attempting to commence , or continuing, any appeal, action, application , or proceeding in

the Alberta Court of Queen’s Bench , and on his own behalf or on behalf of any other person or estate, without an order of the Alberta Court of Queen’s Bench. [Emphasis added.] [ 3 ] On November 8, 2021, Salim Rana submitted emailed three documents directly to me: • a “Reply to the Application Filed by the Defendant (Set for Trial on Preemptory Basis)” [sic]; • an Affidavit of Salim Rana sworn on November 8, 2021; and • a draft “Interlocutory Application Order”. [ 4 ] Despite its title, the “Reply” document is, in substance, an application for a court order.

The grounds, subject matter, and relief sought on this ‘reply application’ are unrelated to the motion they purport to respond to.

It is an entirely new and freestanding application within the proceeding. [ 5 ] Subsequently, on November 11, 2021, Salim Rana sent a letter in relation to the November 8, 2021 “Application for Interlocutory Injunction”, that attached “research”. [ 6 ] The exact relief sought by the November 8, 2021 materials is irrelevant to this analysis, but, in general, the November 8, 2021 documents seek an “Emergency Order for Relief” that would have the effect of restricting access to certain documentary material, that certain persons are “... examined under oath within 48 hours ...”, and “accelerated cost” [sic]. [ 7 ] While it is not a required component of my decision, I note the materials submitted did not appear, on their face, to provide a basis for any form of relief under Canadian law. [ 8 ] I conclude that Salim Rana’s November 8, 2021 materials were submitted to the Court in breach of the August 4, 2021 Interim Court Access Restrictions Order.

Salim Rana is required to submit a leave to file application to Associate Chief Justice Rooke, prior to this Court potentially considering the November 8, 2021 materials. [ 9 ] I conclude, beyond a reasonable doubt, that Salim Rana is aware that he is subject to interim court access restrictions, and not permitted to initiate steps in the Rana v Rana , Docket 1501 02369 Action, except with leave of Associate Chief Justice Rooke, or his designate. Indeed, he is an experienced, intelligent, and savvy individual, who has effectively represented himself in the proceedings before me.

The materials recently filed, together with his prior representations to the Court, all suggest that he has access to legal advice when he so desires. [ 10 ] I find as fact that Salim Rana also knows how to seek leave, because has already exercised the appropriate process to seek leave to continue a separate lawsuit, Rana v Rana , Docket 2101 07204. The November 8, 2021 materials are prima facie contempt of the August 4, 2021 Interim Court Access Restrictions Order.

They are a clear and obvious attempt to continue what Associate Chief Justice Rooke found to be an “... open and defiant abuse of court processes ...”. [ 11 ] Salim Rana’s November 8, 2021 materials are rejected and will not be filed or otherwise considered by the Court.

I order the Clerk of the Court to place the November 8, 2021 materials and associated email communications in the Docket 1501 02369 file, but solely to document the basis of this decision. [ 12 ] Pursuant to paragraph 6 of the August 4, 2021 Interim Court Access Restrictions Order, Salim Rana is prohibited from further attempts to raise or include issues in the November 8, 2021 materials: “An application that is dismissed may not be made again, directly or indirectly.” [ 13 ] Salim Rana has already been subjected to orders for elevated costs on account of his persistent conduct: Rana v Baker , 2021 ABQB 581 at paras 17-18 , and Rana v Rana , 2021 ABQB 610 at para 7 .

In the former instance he was ordered to pay $5,000 to the defendants on a second instance of having filed an abusive and vexatious Statement of Claim against counsel for the defendant in this case. [ 14 ] The impugned application in this instance again targets the solicitor for Zahir Rana, though via a different proposed mechanism. I am satisfied that a further award of elevated costs is justified, and indeed mandated by an application of the factors enumerated in Rules 10.33(2)(

f) and (g). That said, the present application likely exacted less in actual costs from the Respondents. Therefore, I find that a proportion award is $4,000 in costs, forthwith. [ 15 ] Counsel for Zahir Rana will prepare and serve the Order giving effect to this decision. Salim Rana’s approval of that Order is dispensed with, pursuant to Rule 9.4(2)(c). Salim Rana may be served this Decision and the corresponding Order by email to: salimrana@icloud.com. Dated at the City of Calgary, Alberta this 17 th day of November, 2021.

N.E. Devlin J.C.Q.B.A. Appearances: Salim Rana for the Self-Represented Litigant