A recent Alberta King's Bench decision, Reagan v. Bushell, 2026 ABKB 723, highlights a little-known procedure that allows the Court to identify and remove abusive litigation before it gains traction.

The decision provides a useful reminder that access to the courts is not a licence to repeatedly file meritless claims, ignore court orders, or use litigation as a weapon.

What Is Civil Practice Note 7?

Civil Practice Note 7, commonly referred to as CPN7, gives the Court a process for reviewing proceedings that appear, at first glance, to be frivolous, vexatious, or an abuse of process.

Where a proceeding raises obvious concerns, the Court can intervene by issuing an Apparent Vexatious Application or Proceeding Notice that gives the litigant an opportunity to explain why the action should be allowed to continue. If the explanation falls short, or goes unanswered, the Court may strike the proceeding without requiring the parties to engage in lengthy and expensive litigation.

The objective is straightforward: preserve access to justice for legitimate disputes while preventing court resources from being consumed by claims that never should have been brought in the first place.

The Reagan Decision

In Reagan v. Bushell, the plaintiff had previously been made subject to a court order requiring him to obtain permission before commencing new proceedings.

Despite that restriction, a new Statement of Claim was filed.

The Court initiated a CPN7 review and identified several concerns with the action. Among them was the fact that the proceeding had been started despite an existing court order that prohibited the plaintiff from commencing further litigation without first getting the Court's permission.

The plaintiff was given an opportunity to respond and explain why the claim should proceed. He did not provide any submissions.

Associate Chief Justice Nixon ultimately concluded that the action was frivolous, vexatious, and an abuse of process. The claim was struck under Rule 3.68 of the Alberta Rules of Court before the defendants were required to fully defend it.

Why Businesses Should Care

For businesses, professionals, and organizations that become targets of repetitive or meritless litigation, the real cost is rarely the risk of exposure to the claim itself, but rather the cost is time and uncertainty.

Procedures such as CPN7 recognize that reality and provide an efficient mechanism to deal with it when appropriate.

The Court's role is not only to decide disputes. It is also to protect the integrity of the justice system. When litigation is used to harass, intimidate, or repeatedly relitigate issues that have already been addressed, the Court has tools available to intervene before the damage is done.

The Takeaway

The Alberta courts continue to send a clear message: 

The courthouse doors remain open to legitimate claims, but the judicial system will not be used as a platform for abusive litigation.

Reagan v. Bushell is not a groundbreaking decision, but it does demonstrate how Alberta's procedural safeguards are increasingly being used in practice to identify problematic proceedings early, protect defendants from unnecessary expense, and preserve scarce judicial resources for disputes that actually require adjudication.

For businesses facing repetitive claims or litigation that appears designed to pressure rather than resolve a genuine dispute, that is a procedure worth paying attention to.

Craig Alcock is a commercial litigator who advises businesses and stakeholders on litigation risk, dispute resolution, and practical strategies for protecting commercial interests when conflicts arise.