Freeman v Canadian Natural Resources Limited, 2021 ABQB 931

Court of Queen’s Bench of Alberta Citation: Freeman v Canadian Natural Resources Limited, 2021 ABQB 931 Date: 20211119 Docket: 1701 00665 Registry: Calgary Between: Tony Freeman Respondent - and - Canadian Natural Resources Limited, University of Alberta, Association of Professional Engineers and Geoscientists of Alberta Applicants _______________________________________________________ Memorandum of Decision of the Associate Chief Justice J.D. Rooke _______________________________________________________ [ 1 ] Tony Freeman [Mr.

Freeman] has engaged in litigation with two former employers (Canadian Natural Resources Limited [CNRL] and the University of Alberta [UofA]), and the Association of Professional Engineers and Geoscientists of Alberta [APEGA]. That litigation has now been entirely dismissed or struck out. On October 15, 2021, Mr. Freeman attempted to resurrect one of these terminated lawsuits: Freeman v CNRL , Docket 1701 00665 [ Lawsuit #1 ].

[ 2 ] In a decision reported as Freeman v Canadian Natural Resources Limited , 2021 ABQB 837 [ Freeman v CNRL #2 ], I concluded Mr. Freeman had no legitimate basis to make the October 15, 2021 filing in Lawsuit #1 . Instead, Mr. Freeman had knowingly and abusively attempted to resume a lawsuit that had ended on June 1, 2021: Freeman v CNRL #2 at paras 6-7 . The October 15, 2021 filing continued a pattern of abusive and hopeless litigation steps taken by Mr. Freeman in relation to CNRL, the UofA, and APEGA: Freeman v CNRL #2 at paras 8-12 . I concluded in Freeman v CNRL #2 that Mr.

Freeman could not be regulated by case management or other litigation management steps. Instead, it appears that Mr. Freeman, as a litigant, may require prospective gatekeeping steps. [ 3 ] On that basis, I invited CNRL, the UofA, and/or APEGA to initiate a Judicature Act , RSA 2000, c J-2 , ss 23-23.1 “vexatious litigant” process in relation to Mr. Freeman, with a response by November 19, 2021: Freeman v CNRL #2 at para 19 . I also imposed interim court access gatekeeping on Mr.

Freeman’s activities at the Alberta Court of Queen’s Bench: Freeman v CNRL #2 at para 20 . [ 4 ] I have now received Judicature Act , ss 23-23.1 applications from CNRL and APEGA seeking that the Court impose prospective gatekeeping steps on Mr. Freeman’s litigation. The UofA, by letter, states it supports and joins the CNRL and APEGA Applications. [ 5 ] The CNRL and APEGA Applications will be heard on a document-only basis. Mr. Freeman, CNRL, APEGA, and the UofA have until: 1. December 17, 2021 to file and serve on all parties and my office affidavit evidence (if any) and written argument as to:

a) whether Mr. Freeman should be subject to prospective court access gatekeeping, and, if so,

b) what should be the scope of those court access gatekeeping steps, and 2. January 14, 2021 to file and serve on all parties and my office written responses. The Court will then, after these deadlines, issue a written decision in response to the CNRL and APEGA Applications. [ 6 ] The CNRL and APEGA Applications propose page length limits on materials submitted in relation to possible Judicature Act , ss 23-23.1 steps that involve Mr. Freeman. For clarity, there are no page limits on the December 17, 2021 and January 14, 2021 materials.

Many issues, and much information, is potentially relevant and material when evaluating whether a person should be subject to prospective litigation gatekeeping, and I, therefore, conclude that the parties to these Applications, including Mr. Freeman, should have a full opportunity to develop their positions and arguments.

That said, for the Court to consider the submissions, they must be both relevant and material to the issues set out in para 5 above. [ 7 ] The interim court access restrictions imposed in Freeman v CNRL #2 at para 20 will continue in effect until the Court issues its decision in response to the CNRL and APEGA Applications. [ 8 ] This Decision shall be served upon Mr. Freeman by email to: ttfreeman@gmail.com. Dated at the City of Calgary, Alberta this 19 th day of November, 2021. J.D. Rooke A.C.J.C.Q.B.A.

Appearances: Tony Freeman Self-Represented Litigant Scott Matheson Field Law for the University of Alberta Gina A. Ross Burnet Duckworth & Palmer LLP

for Canadian Natural Resources Limited Gregory D. Sim Field Law for the Association of Professional Engineers and Geoscientists of Alberta