Oldford (Re), 2023 ABKB 593

Court of King’s Bench of Alberta Citation: Oldford (Re), 2023 ABKB 593 Date: 20231019 Docket: 2308 00421 Registry: Medicine Hat Between: Stephen Douglas Oldford Litigant _______________________________________________________ Memorandum of Decision of Associate Chief Justice K.G. Nielsen _______________________________________________________ [ 1 ] On June 6, 2023, my office received information concerning the problematic in-courthouse conduct of Stephen Douglas Oldford (Mr. Oldford), a litigant who has initiated a range of lawsuits in the Medicine Hat Judicial Centre of the Court of King’s Bench of Alberta. Mr.

Oldford is a self-represented litigant (SRL). Mr.

Oldford has a pattern of initiating lawsuits in the Court of King’s Bench of Alberta that are then not pursued or that have no legal basis, for example: • Oldford v Alberta’s Director of Children’s Services , Action No. 2008 00224, filed July 3, 2020 with a fee waiver, discontinued without further steps on February 4, 2022; • Oldford v Georget , Action No. 2008 00303, filed September 9, 2020 with a fee waiver, discontinued without further steps on February 22, 2022; and • Oldford v Medicine Hat Catholic Board of Education , Action No. 2008 00362, filed October 29, 2020 with a fee waiver, action subject to Civil Practice Note 7 review as an abusive busybody action, providing inadequate particulars, seeking excessive or impossible remedies, and as a duplicative process in which the Court of King’s Bench of Alberta has no jurisdiction: Oldford v Medicine Hat Catholic Board of Education , 2021 ABQB 79 .

Mr. Oldford did not respond, and this Action was struck out as a hopeless proceeding and an abuse of the Court: Oldford v Medicine Hat Catholic Board of Education , 2021 ABQB 126 . To date, none of Mr. Oldford’s lawsuits have proceeded to a trial. Mr. Oldford’s most recent filed lawsuit, Oldford v Dr. Roy Wilson Learning Centre , Action No. 2308 00244, was filed on May 30, 2023 with no fees paid because Mr. Oldford obtained a fee waiver.

[2] The Medicine Hat Judicial Centre Clerk of the Court has reported long-standing issues with Mr. Oldford. These issuesextend back years, with Mr. Oldford consistently engaging in inappropriate and abusive conduct. The most recent encounters with Mr.Oldford lead up to filing of Action No. 2308 00244. The Clerk of the Court documents that in a two-week period in May 2023 there weremultiple interactions with Mr. Oldford, in which Mr.

Oldford: • appeared personally at the Court counter, was angry, loud, acted in an agitated manner, and refused to follow instructions; • repeatedly loudly interjected and interrupted Clerks as they worked and/or gave Mr.

Oldford assistance; • attempted to file incomplete documents, complaining and yelling when those deficiencies were identified; • made abusive telephone calls to Clerks and the Managing Clerk; • alleged the Clerks were rejecting his materials because they “hated him”; and • harassed the Clerks to the point that incomplete and problematic documents were filed, for example where no Defendant to thelawsuit was named. [3] Following these incidents, the Medicine Hat Judicial Centre Clerk of the Court referred to me information about Mr.Oldford and his activities.

I am the Administrative Justice of the Court of King’s Bench of Alberta who responds to abusive litigationand litigants. [4] I conclude that Mr. Oldford’s lengthy record of inappropriate and abusive interactions with this Court, particularly in light ofthe May 2023 incidents, warrants intervention. Mr.

Oldford’s abusive, harmful, and bullying interactions with the Court and its staff areneither acceptable nor tolerable. [5] This Court has, as part of its jurisdiction, an inherent authority to take steps to protect and control its processes: BCGEU vBritish Columbia (Attorney General), (SCC), [1988] 2 SCR 214 at para 49, 53 DLR (4th) 241; I H Jacob, “The InherentJurisdiction of the Court” (1970) 23:1 Current Legal Problems 23 at 40-41.

That includes steps so that litigants do not misuse access tothe Court, and that respond to improper, abusive, and wasteful communications and interactions: reviewed in JSG (Re), 2021 ABQB 555at paras 8-13. Occupational Health and Safety Act, RSA 2000, c O-2.1, s 3(1)(

b) requires this Court take reasonable and practical stepsto prevent workplace harassment and bullying. These obligations are particularly critical when abuse is directed at vulnerable membersof the Court, such as the Court Clerks, Court Coordinators, and Judicial Assistants. As Justice Shelley concluded in Alberta TreasuryBranches v Hok, 2019 ABQB 196 at para 10: The Court Clerks serve a critical function as part of the administration of justice in this province. They are the front line of the AlbertaCourt of [King’s] Bench. They are required to assist litigants and others who have business with the Court.

However, the obligation toprovide these services to the public does not extend to them being bullied, abused, or otherwise mistreated in an unfair andunprofessional manner. [6] Similarly, the Ontario Court of Appeal in Lochner v Ontario Civilian Police Commission, 2020 ONCA 720 at para 18stressed the vulnerable position of non-judicial Court staff, who are required to assist and inform litigants as an aspect of theirprofessional duties: Vexatious litigants are a drain on our system of justice. In addition to being a burden on the opposing parties, they are a burden on thejudiciary and court personnel.

At least the judiciary has mechanisms to attempt to address the conduct of vexatious litigants, but courtpersonnel are ill-equipped to do anything when faced with a barrage of telephone calls, emails, and other communications frequentlycharacterized by incendiary and rude remarks. ... (Emphasis added.) [7] Mr. Oldford’s abuse of the Clerks and the Court occurs during telephone and face-to-face interactions. These are theavenues for Mr. Oldford’s misconduct that will now be addressed. In light of Mr. Oldford’s pattern of abusive conduct, Mr.

Oldford maynow only communicate with the Court of King’s Bench of Alberta in relation to any matter before the Court, and only to which he is avalid party, or a leave application, following these directions: 1. Stephen Douglas Oldford is to only communicate with the Court of King’s Bench of Alberta in relation to any matter before theCourt of King’s Bench of Alberta by: (

i) email, mail, or courier; or (ii) a person authorized under the Legal Profession Act, RSA 2000, c L-8 to act as a representative in the Court of King’s Bench ofAlberta. 2. In addition to the restrictions in paragraph 7(1), above, any email communications to the Court of King’s Bench of Alberta mustbe sent only to “correspondence.courtservices@gov.ab.ca ”. 3. For clarity, in respect of paragraph 7(1), above, Stephen Douglas Oldford is prohibited from: (

i) personally attending at any Court of King’s Bench of Alberta counters; and (ii) telephone communications with the Court of King’s Bench of Alberta Clerks, Judicial Assistants, Court Coordinators, or otherCourt of King’s Bench of Alberta staff without an Order of the Chief Justice, or Associate Chief Justice, or her or his designate which permits that contact. [8] I instruct that the Clerks request that the Sheriffs remove Mr. Oldford from any courthouse if he fails to comply with the

prohibition on him attending the Court of King’s Bench of Alberta counters. [ 9 ] For clarity, Mr. Oldford may attend at a courthouse if his attendance is for the purpose of appearing in a courtroom for a proceeding in which Mr. Oldford is a party. [ 10 ] I strongly caution Mr. Oldford to interact with the Court in an appropriate manner. Failure to do so may result in other steps, such as restriction on Mr.

Oldford’s access to fee waivers, penalties pursuant to r 10.49(1) of Alberta Rules of Court , Alta Reg 124/2010 , and court access restrictions. [ 11 ] This Court will prepare the Order giving effect to this Decision. Mr. Oldford’s approval of that Order is dispensed with, pursuant to the Alberta Rules of Court . The Clerk of the Court shall place a copy of this Memorandum of Decision and its corresponding Order on the Oldford v Dr. Roy Wilson Learning Centre , Action No. 2308 00244 file. Mr. Oldford shall be served this Memorandum of Decision and the corresponding Order to the service address for Mr.

Oldford on the Oldford v Dr. Roy Wilson Learning Centre Statement of Claim filed on May 30, 2023. 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: None