Worbeck v G.E.F. Seniors Housing, 2023 ABKB 592

Court of King’s Bench of Alberta Citation: Worbeck v G.E.F. Seniors Housing, 2023 ABKB 592 Date: 20231019 Docket: 2203 12196 Registry: Edmonton Between: Henry Orest Worbeck Plaintiff - and - G.E.F. Seniors Housing Defendant _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] On August 10, 2022, Henry Orest Worbeck (Mr. Worbeck) filed a handwritten Statement of Claim naming the GEF Seniors Housing (GEF) as the Defendant ( Lawsuit ). Mr.

Worbeck is a tenant in the Bethany Senior Citizens Home in Edmonton Alberta. GEF operates that facility. Mr. Worbeck is a self-represented litigant (SRL). [ 2 ] Mr. Worbeck’s Statement of Claim is difficult to read and understand. When GEF filed its Statement of Defence on August 29, 2022, GEF summarized Mr. Worbeck’s allegation of GEF’s misconduct as: 1) payment of rent by cheque was refused;

2) keys were removed from a “lock box” without permission; 3) Mr. Worbeck was forced to pay for snow and ice removal, or had to do so personally; 4) window cleaners damaged Mr. Worbeck’s unit; and 5) Mr. Worbeck was in a contract to provide services to GEF. [ 3 ] Mr. Worbeck seeks damages of $175,000. GEF denies it is liable. [ 4 ] While no litigation steps occurred after the Statement of Defence was filed, Mr. Worbeck has subsequently delivered to the Court over a hundred envelopes that contain documents that are not filings that comply with the Alberta Rules of Court , Alta Reg 124/2010 .

These irregular documents are reviewed and described in Worbeck v G.E.F. Seniors Housing , 2023 ABKB 516 at paras 4-10 ( Worbeck #1 ). In Worbeck #1 at paras 11-19 , the Court set a process to streamline review of these materials, given their volume and difficult to understand content that is outside the litigation processes administered by this Court. [ 5 ] Worbeck #1 also initiated a process pursuant to r 3.68 of the Alberta Rules of Court to evaluate whether Mr. Worbeck’s Lawsuit should be struck out. The Court concluded that whether Mr.

Worbeck’s lawsuit may have initially had a valid cause of action, the manner in which Mr. Worbeck was approaching the Lawsuit meant this proceeding had become an abuse of Court processes, because: ... Mr. Worbeck has submitted to the Court a very large volume of materials that often bear the Action No. of the Lawsuit , but that: 1) do not conform with the Alberta Rules of Court ; 2) more broadly, do not advance the Lawsuit in any way; 3) include allegations and claims that are much broader than the grounds of the Lawsuit ; 4) to the degree that Mr.

Worbeck’s allegations in the documents can be evaluated, sometimes make extraordinary claims without evidence; and 5) are not directed to the Court of King’s Bench of Alberta, but towards a much broader national and international court and political context. ( Worbeck #1 at para 18 .) [ 6 ] Mr. Worbeck was directed to by October 13, 2023 submit to my office written argument and/or affidavit evidence to establish that the Lawsuit has a reasonable basis and should not be struck out pursuant to r 3.68 of the Alberta Rules of Court as an abusive proceeding. I cautioned Mr.

Worbeck that his materials should be compliant with the Alberta Rules of Court , and that if Mr. Worbeck submits materials that do not take that formal structure, then his documents will be discarded: Worbeck #1 at para 19 . [ 7 ] While Mr. Worbeck subsequently delivered multiple envelopes addressed to my office, the contents of those envelopes, including one received on October 13, 2023, did not meet the criteria set in Worbeck #1 at para 19 . I therefore conclude that Mr.

Worbeck has not established that his Lawsuit is being conducted on a valid basis, and order that the Statement of Claim in Court of King's Bench of Alberta Action No. 2203 12196 is struck out. No costs will follow since this process was initiated by the Court: Peets v Alberta (Justice and Solicitor General) , 2019 ABQB 565 at para 6 [ 8 ] Counsel for GEF shall prepare the Order giving effect to this Memorandum of Decision. Mr.

Worbeck’s approval of that Order is dispensed with, pursuant to the Alberta Rules of Court . [ 9 ] Mindful of the Pintea v Johns , 2017 SCC 23 instruction that Canadian judges shall provide information on litigation alternatives to persons not represented by lawyers, if Mr. Worbeck seeks to challenge this outcome, then the appropriate procedure is an appeal to the Court of Appeal of Alberta. [ 10 ] Mr. Worbeck now has no active litigation before this Court. I direct Mr. Worbeck to stop delivering envelopes of materials to my office and to the Court of King’s Bench of Alberta as a whole.

Dated at the City of Edmonton, Alberta this 19 th day of October, 2023. K.G. Nielsen A.C.J.C.K.B.A. Appearances:

Henry Orest Worbeck Self-represented Litigant James Work for the Defendant GEF Senior’s Housing