Executive Summary: Key Legal and Evidentiary Issues

• The Amended Statement of Claim appears on its face to be frivolous, vexatious, or an abuse of process based on the Court's review under Civil Practice Note 7 (CPN7).

• Limitation period concerns arise as the underlying events occurred in 2018-2021, potentially falling outside the limitation period in the Alberta Limitations Act.

• Jurisdictional questions exist regarding whether the Court has jurisdiction over the parties and subject matter of the dispute, including Mr. Zarate, several defendants, and the claims made.

• Potential res judicata, collateral attack, or abuse of process issues emerge from ongoing and/or concluded legal proceedings in the Provinces of Nova Scotia and Québec.

• Malicious prosecution claims lack foundation since there is no assertion that the criminal proceedings in Nova Scotia have been terminated in Mr. Zarate's favour.

• Passport-related grievances fall under Federal Court jurisdiction pursuant to the Citizenship Act and Canadian Passport Order, not this Court.

Background and parties involved

Robert Paul Yann Zarate, a self-represented litigant, filed a Statement of Claim on August 21, 2025, in Alberta's Court of King's Bench, Action No. 2501 13072, seeking a total of $17,500,000.00 CAD from multiple defendants. The defendants include The Bank of Nova Scotia (Scotiabank), Jean-Sébastien Perreault, His Majesty the King in Right of the Province of Nova Scotia (as represented by the Attorney General of Nova Scotia), The Town of Amherst (Nova Scotia), Constable Tom Wood, Amherst Chrysler (1999) Limited, Mike Allen (personally), John Richard (personally), and John Doe(s) and Jane Doe(s) (unknown individuals aiding and abetting misconduct).

The underlying dispute

At the heart of the claim is the plea of Mr. Zarate that he, his 7 year old daughter, and wife are stranded abroad at an undisclosed location due to the cancellation of his Canadian passport, which he claims was directly caused by the "false criminal accusation originating from Amherst, Nova Scotia." Mr. Zarate claims that he and his family have been displaced for more than 847 consecutive days (as of the date of filing) in what he pleads is involuntary exile, resulting in severe emotional, financial and psychological harm which he alleges stems from the misconduct particularized in the Amended Statement of Claim. The underlying background facts arise from 2018. The Amended Statement of Claim details the seizure of a 2018 Jeep Wrangler financed through the Defendant Amherst Chrysler in Nova Scotia, which was seized in the Province of Québec in January of 2020, and then sold in May of 2021. Criminal charges were laid in Nova Scotia, in some way, around this time, against Mr. Zarate, which Mr. Zarate further alleges led to the revocation or refusal of authorities to renew his passport.

The claims asserted

The Amended Statement of Claim appears to be grounded in criminal proceedings arising in Nova Scotia against Mr. Zarate, and the underlying events giving rise to those criminal proceedings, as well as the way those criminal proceedings have unfolded. It alleges "malicious prosecution, abuse of process, defamation, Charter violations, civil conspiracy, and associated damages" by the Defendants. Mr. Zarate pleads that certain of the Defendants defamed him in this process, and that other Defendants are vicariously liable as a result. He also pleads that there has been certain misconduct and collusion amongst the Defendants in relation to his criminal proceedings, all of which he says have led to the revocation of his passport and his current situation. The stated reason the claim is filed in Alberta is in reference to multiple proceedings apparently previously brought by Mr. Zarate in Nova Scotia; the Amended Statement of Claim alleges that Mr. Zarate has developed "a complete and well-founded lack of confidence in the impartiality of judicial and prosecutorial authorities of the Province of Nova Scotia."

The CPN7 review process

On October 1, 2025, counsel for The Bank of Nova Scotia and Jean-Sébastien Perreault ("BNS Defendants") wrote to the Court and asked it to review the Statement of Claim under Civil Practice Note 7 ("CPN7"). CPN7 sets out summary procedures, using rule 3.68 of the Alberta Rules of Court, for the Court to assess a "claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process." After that request, Mr. Zarate filed an Amended Statement of Claim on October 8, 2025. On October 14, 2025, counsel for the BNS Defendants requested that the Court review the Amended Statement of Claim under the same CPN7 process. On November 3, 2025, the Court confirmed the availability of a case conference pursuant to rule 4.10 of the Rules. Justice D.J. Reed was appointed to hear the case conference, which was held on December 16, 2025, with all parties appearing.

The Court's concerns

Justice Reed identified several concerns with respect to the Amended Statement of Claim on its face. The factual foundation and related acts pleaded refer to events taking place in 2018-2021, and the revocation of Mr. Zarate's passport was more than two years prior to the filing of the claim. These occurrences are outside of the limitation period in the Limitations Act, RSA 2000, c L-12. The Court may not have jurisdiction over the parties and subject matter of the dispute, including jurisdiction over Mr. Zarate, several of the Defendants, and the subject matter of the claims made. Mr. Zarate pleads that he "elected" to proceed in Alberta given his dissatisfaction with his litigation experience in Nova Scotia; however, the Court noted that is not sufficient reason to establish jurisdiction. The matters contained within the Amended Statement of Claim may be res judicata, a collateral attack, or an abuse of process, as there appears to be ongoing and/or concluded legal proceedings in the Provinces of Nova Scotia and Québec. With respect to Mr. Zarate's grievances concerning his passport, the Court noted it does not have jurisdiction, as the Federal Court has jurisdiction over such matters pursuant to the Citizenship Act, RSA 1985, c C-29 and the Canadian Passport Order, SI/81-86. The Court also observed that Mr. Zarate appears to seek impossible relief and excessive monetary damages which may be disproportionate to the harms alleged, as well as relief on behalf of non-parties.

The ruling and next steps

Justice Reed issued an Apparent Vexatious Application or Proceeding (AVAP) Notice, finding the Amended Statement of Claim appears on its face to be frivolous, vexatious, or an abuse of process. The Action continues to be subject to an interim stay pending the completion of the CPN7 process. Mr. Zarate must file and serve his Written Submission within 14 calendar days after receiving the AVAP Notice, with the Written Submission to be no more than 10 pages. If Mr. Zarate does not file and serve a Written Submission by the deadline, the Court will make a final decision on whether the Amended Statement of Claim should be struck out in whole or in part under rule 3.68 of the Alberta Rules of Court. If Mr. Zarate does file and serve a Written Submission, each of the Defendants has seven days to provide a Written Reply of up to 10 pages. Once the Court receives Mr. Zarate's Written Submission (if any) and the Defendants' Written Replies (if any), the Court will make a final decision on whether the Amended Statement of Claim should be struck out in whole or in part under rule 3.68 of the Alberta Rules of Court without any further hearing. No monetary award was granted or ordered to any party at this stage, as this decision represents a procedural ruling rather than a final adjudication on the merits.