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Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” CPN 7, is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to respond to apparently abusive litigation”. ....
Marc Preston is chief executive of Vertice Development Management and New Foundation Counselling, and director of Construction Disputes Experts The ....
Will Cole considers some recent developments in ADR north and south of the border from a Scottish perspective, including the Court of Appeal’s recent decision in Churchill v Merthyr Tydfil, and the implications for commercial litigation in Scotland. Since the turn of the century, the courts in ....