Christofi v Taing, 2023 ABKB 162

Court of King’s Bench of Alberta Citation: Christofi v Taing, 2023 ABKB 162 Date: 20230316 Docket: 1901 15377 Registry: Calgary Between: Mike Christofi and Quality Painting Proposed Applicants/Plaintiffs - and - Marie Taing and Kahane law Office Proposed Respondents/Defendants _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] Mike Christofi (Mr.

Christofi) in July 2022 was made subject to court access gatekeeping pursuant to Judicature Act , RSA 2000, c J-2 ss 23-23.1 as a consequence of Mr. Christofi’s pattern of persistent, repeated abusive litigation. Those gatekeeping steps were subsequently confirmed by the Court of Appeal of Alberta: Christofi v Jeffrey V Kahane Professional Corporation , 2022 ABCA 284 . Mr. Christofi’s problematic court activity continues to the present. [ 2 ] On March 8, 2023, Mr.

Christofi by email submitted to the Court of King’s Bench of Alberta an email that reads: APPLICATION To Honorable Justice Jeffrey for judgment Against Marie Taing for damages to Mike Christofi and Kahane Law Office

Judgment against Marie Taing for Damages Based on Justice JT Eamons for 117000.00 and court order Against Marie Taing To Pay Kahane Law office for court orders against Mike Christofi Funds to be deducted from 117000.00 justice JT Eamons court order Aug 19 2020 Respectfully submitted Mike Christofi (sic) [ 3 ] Attached are three documents: 1) an Amended Statement of Claim filed by Mr. Christofi in Court of King’s Bench of Alberta Action No. 1901 15377 on January 9, 2020; 2) an Order of Eamon J dated August 19, 2020 that adjourned part of Action No. 1901 15377, and dismissed Mr. Christofi’s claims against the Defendant Kahane Law Office by

Summary Judgment; and 3) an unfiled document with the style of cause replicated above, indicating Action No. 1901 15377, titled: “Application [name and status*]”. [ 4 ] The body of the third document reads: Remedy claimed or sought: 1.

Judgment against Marie Taing for 117000.00 based on Justice JT Eamons aug 19 2020 Marie Taing to pay Kahane Law office for court orders against Mike christofi as Part of the 11700.00 court order against Marie Taing to pay Kahane Law office for damages to kahane law office Funds to be deducted from the $l1700000 Marie Taing caused the Damages to both Kahane Law office and Mike Christofi Grounds for making this application: 2. Staitment of claim 1901-15377 Justice JT Eamons court ordrer aug 19 2020 Material or evidence to be relied on: 3.

Justice JT Eamons court order aug 19 2020 (Emphasis in original, sic.) [ 5 ] These materials were forwarded to me as an Administrative Justice of the Court of King’s Bench of Alberta. Though Mr. Christofi’s specific intent is opaque, I interpret his materials as an Application for leave to take some kind of step in the Court of King’s Bench of Alberta Action No. 1901 15377. Mr. Christofi requires permission – “leave” – of the Court prior to initiating or continuing litigation.

The principles that govern this leave process were recently reviewed in Christofi v Kahane Law Office , 2023 ABKB 122 at paras 5-11 ( Christofi v Kahane #5 ). Mr. Christofi is, therefore, well aware of the requirements for a valid leave Application since this Memorandum of Decision rejected two earlier leave Applications by Mr. Christofi. [ 6 ] Mr. Christofi’s March 8, 2023 leave Application is dismissed on multiple independent bases: 1) Mr. Christofi’s proposed unfiled document is largely incomprehensible and, to the degree it is comprehensible, in conflict with the August 19, 2020 Order of Justice Eamon; 2) Mr.

Christofi has not established on a balance of probabilities that his proposed litigation or litigation step has a reasonable basis; 3) Action No. 1901 15377 has now terminated, and Mr. Christofi has sought appeal of that matter to the Court of Appeal of Alberta ( Christofi v Kahane Law Office , 2021 ABQB 608 at paras 8-10 ), so this Court is functus. [ 7 ] In Christofi v Kahane #5 at para 21 , I cautioned Mr. Christofi “... that abuse of this Court’s leave processes may lead to negative consequences, such as penalties pursuant to r 10.49(1) of the Alberta Rules of Court ...”. I also very strongly recommended “...

Mr. Christofi retain counsel to assist him in the preparation of any future Court of King’s Bench of Alberta leave Applications. ...”. Less than one week later this Court received Mr. Christofi’s latest hopeless and abusive leave Application. [ 8 ] I again caution Mr. Christofi that if he persists in bringing these types of leave Applications, he may be subject to negative consequences. [ 9 ] The Court will prepare the Order giving effect to this Memorandum of Decision. Mr. Christofi’s approval of that Order is dispensed with, pursuant to r 9.4(2)(

c) of the Alberta Rules of Court . This Memorandum of Decision and the corresponding Order shall be served on Mr. Christofi by email to the address used in his March 8, 2023 email of michalis54@yahoo.com . [ 10 ] Once again, I very strongly recommend Mr. Christofi obtain professional legal assistance. Mindful of the Pintea v Johns , 2017 SCC 23 instruction that Canadian judges shall provide information on litigation alternatives to self-represented litigants, such as Mr. Christofi, if Mr. Christofi disagrees with the result of this Memorandum of Decision, he may seek leave from the Supreme Court of Canada. Dated at the City of Edmonton, Alberta this 16 th day of March, 2023.

K.G. Nielsen A.C.J.C.K.B.A. Appearances by Submissions: Mike Christofi Self-Represented Litigant