ABUSE OF PROCESS
Allegations against Federal Court Registry could not form basis for cause of action
On Sept. 20, 2012, plaintiff initiated an application for judicial review of Canadian Human Rights Commission’s decision not to hear his complaint. Plaintiff attempted to file evidence with unsworn affidavits. As Mennonite, he refused to swear his affidavit on Bible that was provided by court’s registry in Winnipeg because it was not “undefiled” Bible. Plaintiff was ordered to either obtain access to “undefiled” Bible and swear on it, or to make solemn affirmation to affirm his affidavit. On April 30, 2013, plaintiff’s action was dismissed for delay. Plaintiff said he did not receive copy of notice of status review. On May 8, 2013, court issued directions directing plaintiff to either bring motion to set aside April 30, 2013 order or appeal order to Federal Court of Appeal. Plaintiff did neither and application for judicial review was dismissed. On May 16, 2013, plaintiff filed statement of claim commencing action against Crown seeking order declaring Federal Court Registry in Winnipeg in contempt of court, order directing court to hear his application, and interim order providing means of affirming or swearing his affidavit evidence that did not offend his conscience. Defendant filed motion to strike out plaintiff’s statement of claim. Prothonotary struck out plaintiff’s statement of claim without leave to amend. Plaintiff appealed. Appeal dismissed. Prothonotary did not err by finding that statement of claim did not disclose reasonable cause of action. Allegations against Federal Court Registry could not form basis for cause of action. Rule 386 of Federal Court Rules (Can.), could not be used to transfer matter to another jurisdiction. Claims were identical to those made in application that was dismissed for delay. Plaintiff’s attempt to re-litigate same issues was abuse of process.
Klippenstein v. R. (Feb. 25, 2014, F.C., Richard Boivin J., File No. T-874-13) 238 A.C.W.S. (3d) 90.
