October 19, 2019 0 Comments Experience Working in Alberta's Oilfield

Vexatious Litigation: Weapon against Unpaid Workers & Vendors

I had been involved with a former employer/client and its prime agent with a history of allegedly vexatious litigation, or Court Abuse. They’ve been filing actions, pleas, and claims with little to no relevant and credible evidence – this across different divisions of the Alberta courts. There is a history of written correspondence indicating their intentions to litigate to more so discourage creditors pursuing their debts. It has reached the point that the man running the show has uttered threats to produce bodily harm, and he’s had a lengthy history of claims filed against himself by other parties.

It would seem that this was a very common practice employed by corporations or parties with more cash to spend on legal services than their opponents. This in belief that the opponents would subside and automatically lose, fearing to stand up for themselves.

Detailed examples of this by this former employer/client and its prime agent:

– They sought a remedy of an “apology for nuisance actions.”

– Action had been filed in Queen’s Bench in support of a counterclaim in a Provincial Court Civil Division, without trying to let them know about each other. Different lawyers at the same firm are used for the same or related actions.

– We had an upcoming Pre-Trial Conference. The court clearly instructed us over 2 months in advance to exchange records, by X date. When I actually received any records, most of it is unrelated to the case, and manually typed up spreadsheets and statements with very questionable validity or creditably. At the court appearance, they were not even looked at.

– They fabricated non-existent or completely unrelated issues and blow them out of proportion to delay the process, making simple cases appear much more complicated than they actually are. In the case against myself, they sued me for $50,000 on actually non-existent issues and events.

– They did not serve some of their evidence and at the actual court appearances, they hand it over to the Master or Judge while giving the other party no copy.

– They attempted service with way less days then actually directed in the rules, such as less than 48 hours when a minimum of 10 for a QB Action, for example. This requesting to adjourn the amount of service in the same application. Last time we went through this it obviously did not work for them, but the Master somehow gave them part of they wanted by still directing them to give me 7 days instead.

– I had been to two Alberta Court of Queen’s Bench Action hearings filed by them and they were both wastes of time. At the first, the lawyer hurried up to the front and withdraws costs as soon as he sees somebody stand up when the case is called. The initiator of that action  claimed they could not log in to some website hosting account, alleged I knew what their password was, and wanted a court order to force me to produce it.

– The corporation and director had both outdated and incorrect registered addresses in the registries. The director and her family even moved with the excuse that people are trying to kill them, but in reality they are more trying to avoid creditors in general.

– The share ownership and directors of the corporation changed, partly to obtain creditor funding and to avoid suspicion of new lenders or creditors.

– They’ve had many, many claims filed against them across 3 different divisions in Alberta – Civil, Queen’s Bench, and Criminal. Not one they were victorious; they are either still open a couple years later, or the other party won a default judgment or were settled outside Court.