Key Points:

• Statement of Claim and Defence:

  • The Plaintiff, CIBC, filed a Statement of Claim on December 4, 2023.
  • The Defendant submitted a Statement of Defence on January 15, 2024.
• Civil Practice Note 7 (CPN7) Review:
  • The Plaintiff’s counsel requested a CPN7 review of the Statement of Defence on January 31, 2024.
  • The Court issued an AVAP (Application Validity and Procedural) Notice on June 7, 2024, initiating the CPN7 process.
• Findings:
  • The Statement of Defence was deemed frivolous, vexatious, and an abuse of process.
  • It included pseudo-legal commercial arguments, such as identifying the Defendant as a "beneficial user" and attempting to discharge debts without actual payment.
• Order:
  • The Statement of Defence was struck under rule 3.68(1) of the Alberta Rules of Court.
  • The Plaintiff was instructed to prepare the Order without requiring the Defendant’s approval as per rule 9.4(2)(c).
• No monetary award specified.