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ARTICLE · 28 FEBRUARY 2024

Procedure Under Civil Practice Note 7 Represents An Expedited Means Of Striking Vexatious Applications Or Proceedings

Lawson Lundell LLP
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In the recent decision of Wilyman v Cole, 2024 ABCA 41,[1] the Alberta Court of Appeal canvassed the law addressing the "Vexatious Application/Proceeding Show Cause Procedure"...

CanadaLitigation, Mediation & Arbitration
Daniel Jonasson
Daniel Jonasson
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In the recent decision of Wilyman v Cole, 2024 ABCA 41,1 the Alberta Court of Appeal canvassed the law addressing the "Vexatious Application/Proceeding Show Cause Procedure" under Civil Practice Note 7 (CPN7), and reiterated that this procedure is available in exceptional cases to strike applications or proceedings without the need for an oral hearing.

Background

The Appellant originally brought a malpractice action in April of 2003 (the 2003 Action) against the Respondents, Dr. Martin J. Cole and Martin J. Cole Professional Corporation. The 2003 Action alleged that the Appellant had suffered various harms arising from a procedure Dr. Cole performed in 2000.

The 2003 Action was struck in December of 2003.

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