Pan v Standard (Village), 2022 ABKB 796

Court of King’s Bench of Alberta Citation: Pan v Standard (Village), 2022 ABKB 796 Date: 20221128 Docket: 2202 00016 Registry: Drumheller Between: Peter Zhenguo Pan, Standard Hotel, Sunny Investment Group Inc Plaintiffs - and - The Office of Village of Standard Defendant _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] On April 4, 2022, Peter Zhenguo Pan (Mr.

Pan) and the Standard Hotel and Sunny Investment Group Inc filed a Statement of Claim that names “The Office of Village of Standard” as the Defendant. The Statement of Claim states that Mr. Pan is the owner of the Standard Hotel, and the president and owner of the Sunny Investment Group Inc. The Plantiffs are not represented by a lawyer. In this Memorandum of Decision, I will therefore generally refer to Mr.

Pan as the active party directing this litigation. [ 2 ] On May 9, 2022, Counsel for the Defendant, correctly named the Village of Standard (Village), referred the Statement of Claim as a candidate Apparently Vexatious Application or Proceedings (AVAP) pursuant to Civil Practice Note No. 7 (CPN7) paragraph 6. After additional materials were received from the Defendant, this Court in a Memorandum of Decision reported as Pan v Standard (Village) , 2022 ABKB 719 ( Pan #1 ), concluded that the Statement of Claim was an AVAP, and exhibited multiple prima facie defects. The claims advanced by Mr.

Pan are reviewed in Pan #1 at paras 6-8 . Those claims appear to duplicate and/or overlap with Alberta Human Rights Commission (AHRC) and Court of King’s Bench of Alberta proceedings: Pan #1 at paras 5, 17-26 . [ 3 ] In Pan #1 at para 41 , Mr. Pan was instructed to provide an up to ten-page Written Submission that answered four questions: 1) why the Statement of Claim is not:

a) a collateral attack on the First AHRC Complaint ;

b) a duplicate proceeding of the Second AHRC Complaint ; and

c) a collateral attack on the Sunny Investment Group Inc v Village of Standard , Action No. 2002 00081, December 9, 2021 Judgment; 2) how this Court has jurisdiction over a complaint grounded on allegations of racial and point of origin discrimination; 3) how the Statement of Claim provides a basis for the Court and Defendants to make a meaningful response; and 4) why the remedies sought in the Statement of Claim are not excessive and/or impossible? (Italics in original.) [ 4 ] The deadline for Mr. Pan’s Written Submission has passed. Nothing has been received from Mr. Pan. I, therefore, conclude Mr.

Pan has not rebutted the fatal defects identified in Pan #1 . Pursuant to r 3.68 of the Alberta Rules of Court , AR 124/2010 and CPN7, para 3(c), the Statement of Claim in Action No. 2202 00016 is struck out as an abuse of the Court and the Defendant. [ 5 ] 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. Given the quantum of damages sought by Mr. Pan, $2 million, and

Schedule C of the Alberta Rules of Court , I order Mr. Pan pay the Defendant $945 in costs, forthwith. [ 6 ] Counsel for the Defendant will prepare the Order giving effect to this Memorandum of Decision. Mr. Pan’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. Pan to the email address listed on the Statement of Claim: sunnyinvestment1668@gmail.com. Dated at the Town of Drumheller, Alberta this 28 th day of November, 2022. K.G. Nielsen A.C.J.C.K.B.A. Appearances by Submission: Kristina D. Persaud Brownlee LLP for the Defendant