Alena Storton

Author: Alena Storton

Alena Storton, B.A. (University of Calgary), completed her Juris Doctor at the University of Calgary in January 2017. During her time at the University of Calgary, Alena volunteered with Pro Bono Students Canada, where she participated in both the Family Law and Human Rights projects. Alena is now completing a four-month articling term with the Alberta Civil Liberties Research Centre. In this role, she focuses on researching and writing about emerging human rights issues.

By: Alena Storton

PDF Version: Supporting the Unrepresented: Providing Trial Information to Self-Represented Litigants

Case Commented On: R v Hamiane, 2016 ABQB 409 (CanLII)

Recent appeals by self-represented litigants (SRL) often focus on the extent of a trial judge’s duty to assist the self-represented litigant. Trial judges are expected to assist SRLs throughout a trial, but the scope of assistance is left to their discretion (R v Hamiane, 2016 ABQB 409 (CanLII); Cold Lake First Nations v Alberta (Minister of Tourism, Parks & Recreation, 2012 ABCA 36 (CanLII); Malton v Attia, 2016 ABCA 130 (CanLII); for earlier posts discussing Malton v Attia see here and here). From the appeals, however, it is clear that SRLs do not feel sufficiently supported or informed to meaningfully participate in a trial. To remedy this issue, trial judges should consider altering the way in which they approach assisting SRLs in the trial process. Judges already explain procedural steps during a trial, as seen in Hamiane. By providing that same assistance at the outset of a trial in accordance with an established set of guidelines, however, trial judges could streamline the process and ensure that all SRLs receive consistent information sufficient to allow them to meaningfully and fully participate in a trial.

By: Alena Storton

PDF Version: Supporting the Unrepresented: Case Management of Self-Represented Litigants

Case Commented on: Pintea v Johns, 2016 ABCA 99 (CanLII)

In Pintea v Johns, 2016 ABCA 99 (CanLII), the majority, Justices McDonald and Veldhuis, and dissent, Justice Martin, strongly disagreed on whether to uphold a case management judge’s decision to dismiss a self-represented litigant’s cause of action. Valentin Pintea brought this case against Dale and Dylan Johns for damages related to a car accident that had left Pintea in a wheelchair. In May 2014, after considerable time in case management, the case management judge directed Pintea to provide a witness list as a means of preparing the case for trial. Pintea did not comply (at para 24).

In July 2014, the appellant moved residences, but did not file a change of address with the court as required by the Alberta Rules of Court (at para 25). Following this move, all documents were served on the appellant at his former address and were not forwarded to his new address. Consequently, the appellant failed to respond to or appear at all subsequent applications and case management meetings (at para 25). When the appellant failed to appear for a case management meeting on January 21, 2015, the respondent’s counsel requested that the Statement of Claim be struck. The case management judge agreed to strike the claim if the appellant failed to appear for a meeting on January 30, 2015. The case management judge directed the respondent to serve notice of these conditions on the appellant, but dispensed with the requirement for personal service. The respondent left the notice in the mailbox at Pintea’s former address, which, again, resulted in it not being brought to his attention (at para 26).

On January 30, 2015, the case management judge found Pintea in contempt of court for having failed to obey earlier court orders and attend as directed. For those reasons, the trial management judge dismissed the case and awarded over $82,000 in costs to the respondent (at paras 27-28).