On February 22, 2019, Justice Thomas released the decision of the Alberta Court of Queen’s Bench regarding the claim of Jonathan Biley for abuse of process.
Biley filed a statement of claim on February 5, 2019 naming IATSE and the Province of Alberta as defendants. Biley alleged that the Union refused to admit him as a member and subjected him to harassment and bullying, which he argued violates the Canadian Charter of Rights and Freedoms. Biley sought a mandatory injunction and for the Union to admit him as a member, along with damages. He also sought a change in legislative framework from the Province of Alberta.
The Court of Queen’s Bench noted that in another decision Biley v Sherwood Ford Sales, Justice Kendell struck three lawsuits from Biley as abusive litigation and declared him a vexatious litigant. As such the Court reviewed the strict conditions by which Biley could bring or continue a claim in an Alberta court.
The Court reviewed the statement of claim and concluded it exhibited indicia that this is an abusive proceeding. Biley appeared to have no basis in law to challenge the Union’s conduct. The claim sought disproportionate or impossible remedies. In accordance with procedure for abusive litigation, the Court of Queen’s Bench ordered Biley to file written submissions before the Court, which would render the final decision on whether the lawsuit should be struck in whole or in part.