Verjee Law Successful in the Court King’s Bench of Alberta

In Uhrik v. Barata, 2023 ABKB 517, Associate Chief Justice Nielsen dismissed the action, filed by the Plaintiffs, Uhrik and Litzius, as against their former counsel as an abuse of the Court.  Uhrik and his co-plaintiff. Litzius, had previously been deemed vexatious litigants, pursuant to the Judicature Act, R.S.A. 2000, c. J-2., in decision from Justice Bourque in an unrelated proceeding, indexed as Uhrik v. Terrigno, 2023 ABKB 223 (the “Bourque Decision”). As a result, the Bourque Decision, any ongoing litigation initiated by either Uhrik or Litzius was indefinitely stayed, and leave from the Court was required to continue this litigation.

Uhrik and Litzius had, among many other actions, initiated claim against their former counsel and law firm, alleging a range of negligent acts.  Associate Chief Justice Nielsen upheld the Bourque Decision and required Uhrik and Litzius to seek leave to continue their action as against their former counsel.

Associate Chief Justice Nielsen applied the following threshold test for leave to continue litigation for a person subject to court access restrictions:

1. Has the person established reasonable grounds for the litigation; and
2. Has the person fully and completely deposed as to the facts and circumstances surrounding the proposed claim?

Chief Justice Nielsen dismissed the leave application as he found that Uhrik and Litzius failed to meet the threshold test, and did not prove, on a balance of probabilities, that there was a reasonable ground for the action as against their former counsel. As such, the action was permanently stayed as an abuse of Court.