JCI Filtration & Separation Inc v Rohrich, 2022 ABKB 660

Court of King’s Bench of Alberta Citation: JCI Filtration & Separation Inc v Rohrich, 2022 ABKB 660 Date: 20221004 Docket: 2201 04163 Registry: Calgary Between: JCI Filtration & Separation Inc Plaintiff - and - Stephen James Rohrich & RT Utilities Consulting Ltd Defendants _______________________________________________________ Memorandum of Decision of the Associate Chief Justice J.D.

Rooke _______________________________________________________ [ 1 ] On April 8, 2022, two Writs of Enforcement were filed in Alberta Court of King’s Bench (then named the Alberta Court of Queen’s Bench) Docket No. 2201 04163, that authorized enforcement proceedings for $15,355.13 against: 1) Stephen James Rohrich, and 2) RT Utilities Consulting Ltd [Writs]. The Writs state these documents were submitted by Douglas A. Dunscombe. The Law Society of Alberta registry indicates an active lawyer by that name with an office in Calgary, Alberta. No further Court steps have occurred in the Docket No. 2201 04163 Action.

[ 2 ] The basis for the Writs is an apparently concluded Provincial Court of Alberta proceeding: JCI Filtration & Separation Inc. v Stephen James Rohrich and RT Utilities Consulting Ltd. The filed Writs were accompanied by: 1. a Provincial Court of Alberta Civil Claim, Docket No.

P1990109432, filed on August 20, 2019; 2. two Affidavits of Service in this matter, sworn by “Thomas Williamson”, filed November 15, 2019; and 3. two Certificates of Default Judgment, each filed and entered on February 5, 2020, with a Clerk of the Provincial Court of Alberta signature of “Pat Blais” or “Pat Blair”. [ 3 ] On September 28, 2022, an investigation determined the Provincial Court of Alberta filings are forgeries and, apparently, fraudulent. There is no such Provincial Court Action. The Provincial Court file docket number is not a valid docket number. The Provincial Court filing stamp is incorrect.

The signature on the Certificates of Default Judgment does not match the name of a Clerk employed by the Provincial Court of Alberta. [ 4 ] The Alberta Court of King’s Bench and my Office were informed of this situation the following day. The person or persons responsible for the false filings and attempt to enforce a non-existent debt are at this point unknown. [ 5 ] Given this situation, and to minimize potential mischief and harm that may result from the Writs, I order the Docket No. 2201 04163 Writs are vacated immediately, nunc pro tunc . The Court will prepare the Order giving effect to this Decision. Mr.

Rohrich and RT Utilities Consulting Ltd are instructed to present this Court Decision and its corresponding Order, in case there is any attempt to enforce the Alberta Court of King’s Bench Docket No. 2201 04163 Writs. Dated at the City of Calgary, Alberta this 4 th day of October, 2022. J.D. Rooke A.C.J.C.K.B.A. Appearances: None