Bagchi v Alberta (Director of SafeRoads), 2022 ABKB 703

Court of King’s Bench of Alberta Citation: Bagchi v Alberta (Director of SafeRoads), 2022 ABKB 703 Date: 20221021 Docket: 2201 10584 Registry: Calgary Between: Subir Bagchi Applicant - and - Director of SafeRoads Alberta Respondent _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] On September 19, 2022, Subir Bagchi (Mr. Bagchi) filed an “Originating Application” naming the Director of SafeRoads Alberta (Director) as the Respondent (Application).

On September 27, 2022, Counsel for the Director referred the Application as a candidate Apparently Vexatious Application or Proceeding (AVAP) pursuant to Civil Practice Note No. 7 (CPN7) paragraph 6. Associate Chief Justice Rooke and I are designated to receive and review potential CPN7 processes. After review of the Application, Associate Chief Justice Rooke concluded in a Memorandum of Decision reported as Bagchi v Alberta (Director of SafeRoads) , 2022 ABKB 665 ( Bagchi #1 ) that the Application exhibits characteristics of abusive litigation, is an AVAP, and should be subject to a CPN7

“show cause” document-based review. Mr. Bagchi was instructed to answer how the Application is not an abuse of the Court by not providing a basis for a meaningful response by the Court and Director: Bagchi #1 at para 15 . The matter has now been referred to me for further consideration as Associate Chief Justice Rooke is unable to do so at the present time. [ 2 ] The deadline for Mr. Bagchi’s Written Submission has passed. Nothing has been received from Mr. Bagchi. I, therefore, conclude Mr. Bagchi has not rebutted the fatal defects identified in Bagchi #1 .

Pursuant to r 3.68 of the Alberta Rules of Court , AR 124/2010 and CPN7, para 3(c), the Applicaton is struck out as an abuse of the Court and the Respondent. [ 3 ] When an Action, Application, or claim is terminated via the CPN7 process, the usual practice of this Court is to award costs in favour of the litigant(

s) who initiated or participated in the CPN7 process: 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. I order Mr. Bagchi pay the Director $500 in costs, forthwith. [ 4 ] Counsel for the Director will prepare the Order giving effect to this Memorandum of Decision. Mr. Bagchi’s approval of that Order is not required, pursuant to r 9.4(2)(

c) of the Alberta Rules of Court . This Memorandum of Decision and the corresponding Order shall be served upon Mr. Bagchi to his email address indicated in the Application: ani5575@hotmail.com. Dated at the City of Edmonton, Alberta this 21 st day of October, 2022. K.G. Nielsen A.C.J.C.K.B.A. Appearances by submissions: Adam L. Ollenberger Alberta Justice and Solicitor General for the Respondent