Boisjoli, Re, 2015 ABQB 629

JudgeRooke
Neutral Citation2015 ABQB 629
Citation2015 ABQB 629,[2015] A.R. TBEd. OC.042,[2015] AR TBEd OC042
Date08 October 2015
CourtCourt of Queen's Bench of Alberta (Canada)

Boisjoli, Re, [2015] A.R. TBEd. OC.042

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. OC.042

Allen Nelson Boisjoli (applicant)

(1503 15487; 2015 ABQB 629)

Indexed As: Boisjoli, Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Rooke, A.C.J.Q.B.

October 8, 2015.

Summary:

Boisjoli attempted to enter a purported default judgment that he delivered to the court. The purported default judgment consisted of documents that claimed large sums of money from the Province of Alberta and a peace officer who had issued Boisjoli a traffic ticket. The clerk referred the purported default judgment for review.

The Alberta Court of Queen's Bench held that the purported default judgment did not constitute a default judgment under the Rules of Court, but instead were vexatious organized pseudolegal commercial argument (OPCA) materials. The court identified a pattern of criminal misconduct by Boisjoli that misused the court's processes. The court declared Boisjoli to be a vexatious litigant on eight independent bases. The court issued a strict and broad order setting out the steps to be taken to halt Boisjoli's vexatious court activities and interference with the processes of all three levels of Alberta courts, including that he use a lawyer for all correspondence and filings with the courts. The court denounced a notary public's participation in Boisjoli's criminal intimidation scheme and OPCA litigation. The court referred Boisjoli's materials to the Alberta Minister of Justice and Attorney General for possible further action against Boisjoli and the notary public.

Barristers and Solicitors - Topic 7901

Notaries - General - See paragraphs 55 and 56.

Barristers and Solicitors - Topic 7903

Notaries - General - Lawful practice of a notary defined - See paragraphs 113 to 124.

Contracts - Topic 8

General principles - General - Unilateral v. bilateral contracts (incl. what constitutes a unilateral contract) - See paragraphs 44 and 50.

Contracts - Topic 1303

Formation of contracts - Acceptance - What constitutes - See paragraphs 44 and 50.

Contracts - Topic 1309

Formation of contracts - Acceptance - Delivery or communication of acceptance - See paragraphs 44 and 50

Courts - Topic 554.1

Judges - Powers - To control "organized pseudolegal commercial argument" litigants - See paragraph 79.

Copyright - Topic 2

General - Copyright defined - Extent of copyright - See paragraphs 45 to 48.

Copyright - Topic 1009

Works subject to copyright - General - Characters or names - See paragraphs 45 to 48.

Creditors and Debtors - Topic 1573

Payment of debt - Payment in other than money - Duty of creditor to accept - See paragraphs 30 to 36 and 37 to 43.

Creditors and Debtors - Topic 1823

Payment of debt - Tender - What constitutes - See paragraphs 27 to 29.

Criminal Law - Topic 2120.3

Fraudulent transactions - Intimidation - Intimidation of justice system participant - See paragraphs 58 to 69.

Negotiable Instruments - Topic 6002

Promissory notes - General principles and definitions - Nature of - See paragraphs 27 to 36.

Practice - Topic 46

Actions - Commencement of - General principles - Bars - Vexatious litigant - See paragraphs 104 to 112.

Practice - Topic 47

Actions - Commencement of - General principles - Bars - Conditions imposed on bringing further proceedings - See paragraphs 104 to 112.

Practice - Topic 1005

Parties - Parties unrepresented by counsel - Vexatious litigant - See paragraphs 78 to 112.

Practice - Topic 1301

Pleadings - General principles - What constitutes a pleading - See paragraphs 75 to 77.

Practice - Topic 1451

Pleadings - Statement of claim - General - See paragraphs 75 to 77.

Practice - Topic 5602

Judgments and orders - Default judgments - Defined - See paragraphs 26 to 57.

Counsel:

None disclosed.

This matter was heard by Rooke, A.C.J.Q.B., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following reasons for decision on October 8, 2015.

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54 practice notes
  • Potvin (Re), 2018 ABQB 652
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 7, 2018
    ...gives the materials special but illusionary authority which supercedes that of the court: Meads v Meads, at paras 273-275; Re Boisjoli, 2015 ABQB 629 at paras 113-124, 29 Alta LR (6th) 344. These materials and this judgment will be delivered to the Alberta Minister of Justice and Attorney G......
  • Lymer (Re), 2018 ABQB 859
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 22, 2018
    ...categories identified in other subsequent Canadian court decisions: 1. using court processes to further illegal activities (Re Boisjoli, 2015 ABQB 629 at paras 98-103, 29 Alta LR (6th) 334; Rothweiler v Payette, 2018 ABQB 288 at para 35, McKechnie (Re), 2018 ABQB 677 at paras 3, 2. “judge s......
  • IntelliView Technologies Inc v Badawy, 2018 ABQB 961
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 30, 2018
    ...have been identified in subsequent decisions of Canadian courts: 1. using court processes to further illegal activities (Re Boisjoli, 2015 ABQB 629 at paras 98-103, 29 Alta LR (6th) 334; Rothweiler v Payette, 2018 ABQB 288 at para 35; McKechnie (Re), 2018 ABQB 677 at paras 3, 2. “judge shop......
  • d’Abadie v Her Majesty the Queen, 2018 ABQB 298
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 18, 2018
    ...signed his Registration of Live Birth. [69] The Fiander v Mills reverse onus rule has been broadly adopted in Alberta: Re Boisjoli, 2015 ABQB 629, 29 Alta LR (6th) 334; Gauthier v Starr, 2016 ABQB 213, 86 CPC (7th) 348; Alberta v Greter, 2016 ABQB 293; Pomerleau v Canada (Revenue Agency); R......
  • Request a trial to view additional results
54 cases
  • Potvin (Re), 2018 ABQB 652
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 7, 2018
    ...gives the materials special but illusionary authority which supercedes that of the court: Meads v Meads, at paras 273-275; Re Boisjoli, 2015 ABQB 629 at paras 113-124, 29 Alta LR (6th) 344. These materials and this judgment will be delivered to the Alberta Minister of Justice and Attorney G......
  • Lymer (Re), 2018 ABQB 859
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 22, 2018
    ...categories identified in other subsequent Canadian court decisions: 1. using court processes to further illegal activities (Re Boisjoli, 2015 ABQB 629 at paras 98-103, 29 Alta LR (6th) 334; Rothweiler v Payette, 2018 ABQB 288 at para 35, McKechnie (Re), 2018 ABQB 677 at paras 3, 2. “judge s......
  • IntelliView Technologies Inc v Badawy, 2018 ABQB 961
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 30, 2018
    ...have been identified in subsequent decisions of Canadian courts: 1. using court processes to further illegal activities (Re Boisjoli, 2015 ABQB 629 at paras 98-103, 29 Alta LR (6th) 334; Rothweiler v Payette, 2018 ABQB 288 at para 35; McKechnie (Re), 2018 ABQB 677 at paras 3, 2. “judge shop......
  • d’Abadie v Her Majesty the Queen, 2018 ABQB 298
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 18, 2018
    ...signed his Registration of Live Birth. [69] The Fiander v Mills reverse onus rule has been broadly adopted in Alberta: Re Boisjoli, 2015 ABQB 629, 29 Alta LR (6th) 334; Gauthier v Starr, 2016 ABQB 213, 86 CPC (7th) 348; Alberta v Greter, 2016 ABQB 293; Pomerleau v Canada (Revenue Agency); R......
  • Request a trial to view additional results

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