Court of King’s Bench of Alberta Citation: Soboyede v Herndon, 2023 ABKB 7 Date: 20230105 Docket: 2201 10719 Registry: Calgary Between: Yewande Faramade Soboyede and Oladiran Olubukola Amao Plaintiffs - and - Brenda Herndon Defendant Corrected judgment: A corrigendum was issued on February 15, 2023; the corrections have been made to the text and the corrigendum is appended to this judgment. _______________________________________________________ Endorsement of the Honourable Justice K.G.

Nielsen _______________________________________________________ [ 1 ] Counsel for the Defendant asks the Court to strike out the Plaintiffs’ Statement of Claim, in whole or in part, as a frivolous, vexatious claim, or as otherwise, an abuse of process under Civil Practice Note 7. The Defendant also seeks costs. [ 2 ] Civil Practice Note 7 sets out

summary procedures to be followed, using Rule 3.68 of the Alberta Rules of Court , Alta Reg

124/2010 for a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process”. [ 3 ] I have reviewed the Statement of Claim. It is not, on its face, a frivolous or vexatious claim, nor is it, on its face, an abuse of process. [ 4 ] Civil Practice Note 7 does not apply to this claim. [ 5 ] This Endorsement does not prevent the Defendant from using processes under the Alberta Rules of Court to seek remedies for perceived issues with the claim. Dated at the City of Edmonton, Alberta this 5 th day of January, 2023. K.G. Nielsen J.C.Q.B.A.

Written Request by Defendants’ Counsel Craig M. Floden Floden & Co. for the Defendant Jasneet Malhi EO Law for the Plaintiff _______________________________________________________ Corrigendum of the Endorsement of The Honourable Justice K.G. Nielsen _______________________________________________________ Correction made to the citation number from 2023 ABKB 79 to 2023 ABKB 7