Winkelmann v. Curry et al

Winkelmann v. Curry et al

The Court dismissed the applications because the pleadings were clearly unsustainable and failed to disclose any genuine issue of material fact; claims against Justice Gatchalian and Corinne Currie were barred by judicial/quasi-judicial immunity; the applicant was declared a vexatious litigant and enjoined from filing any process in the Nova Scotia Supreme Court and Nova Scotia Small Claims Court without leave because her filings constituted abuse of process and threatened the administration of justice.

Citation
2022 NSSC 396
Parties
Applicant: Antje Winkelmann; Respondent: Michael Curry; Respondent: Justin Adams; Respondent: Robert Morrison; Respondent: Adam Norton; Respondent: Stephen Kingston; Respondent: Terry Kelly; Respondent: Plamen Petkov; Respondent: Gail Gatchalian; Respondent: Corinne Currie
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 December 2022
Procedural Posture
Civil Application (notice of Application in Court) / Summary Judgment Motion and Vexatious Litigant Declaration (oral Decision)
Outcome
Applications in Court (docket nos. 515855 and 519555) dismissed; applicant declared a vexatious litigant; injunction prohibiting filing without leave issued
Legal Topics
Summary Judgment, Abuse of Process (cpr 88), Judicial Immunity, Injunctive Filing Prohibition, Leave to File, Costs
Source Language
English
Civil Procedure Judicial/quasi Judicial Immunity Abuse of Process Vexatious Litigant Law Property/foreclosure Summary Judgment Abuse of Process (cpr 88) Judicial Immunity +3 more

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Parties

Antje Winkelmann

Applicant

Michael Curry

Respondent

Justin Adams

Respondent

Robert Morrison

Respondent

Adam Norton

Respondent

Stephen Kingston

Respondent

Terry Kelly

Respondent

Plamen Petkov

Respondent

Gail Gatchalian

Respondent

Corinne Currie

Respondent

Procedural Posture

Civil Application (notice of Application in Court) / Summary Judgment Motion and Vexatious Litigant Declaration (oral Decision)

Legal Issues

  1. 1 Whether claims against judicial and quasi-judicial actors are barred by immunity
  2. 2 Whether the Notice of Application discloses a genuine issue of material fact
  3. 3 Whether summary judgment should be granted under Rules 13.04 and the Shannex framework

Ratio Decidendi

The Court dismissed the applications because the pleadings were clearly unsustainable and failed to disclose any genuine issue of material fact; claims against Justice Gatchalian and Corinne Currie were barred by judicial/quasi-judicial immunity; the applicant was declared a vexatious litigant and enjoined from filing any process in the Nova Scotia Supreme Court and Nova Scotia Small Claims Court without leave because her filings constituted abuse of process and threatened the administration of justice.

Court Disposition

Applications in Court (docket nos. 515855 and 519555) dismissed; applicant declared a vexatious litigant; injunction prohibiting filing without leave issued

Orders

  • Applications in Court filed by Antje Winkelmann bearing file numbers 515855 and 519555 are dismissed
  • Antje Winkelmann, and any spokesperson, agent or associate of hers, and any person acting on her behalf, are prohibited from filing any process in the Nova Scotia Supreme Court or the Nova Scotia Small Claims Court without leave of a Judge of the Nova Scotia Supreme Court