MY ADVANTURE OF STRUGGLING FOR FAIR JUSTICE

 

I filed a Statement of Claim in the Court of King’s Bench because the Defendant — the village’s municipal office — abused its authority to harass me personally and destroy my business. As the only Asian person in this village, I believe I was targeted with discrimination and political abuse by the mayor and the municipal staff.

The mayor told me directly in my bar that he was “the king of this village” and that “his words were the rules” I must follow. He demanded I keep my bar open late whenever he and his friends were drinking there, even past 3:00 a.m. — which would have caused me to lose my liquor license and face fines. When I refused to break the law, he began a campaign of harassment.

This harassment included:

• Illegally dumping street snow onto my hotel and residential properties.
• Forcing me to apply for a development permit unnecessarily when I renovated my patio, then denying the permit after I applied, and sending inspectors to my property repeatedly.
• Spreading rumors about my business and food quality — even though the food inspector cleared my kitchen.
• Convincing others in town to open competing businesses, offering them favorable leases to undermine me, and encouraging my tenants to break their rental agreements.
• Blocking my hotel from being listed as a historical site despite previous promises.
• Excluding my business from the village’s official tourism website, even though I paid the fees.
• Coordinating the opening of a new bar-lounge owned by the deputy mayor near my business, removing my business from village advertising, and excluding me from major town events like the centennial celebration.

The village also refused to apply the agreed historical designation for my hotel, spread false information to inspectors, and threatened my customers and suppliers. At one point, someone dumped a mobile home on my property without my permission; the village immediately issued orders and fines against me, charging me for removal and daily penalties. These illegal charges accumulated over time to $29,000.

In 2019, the village tried to hide these charges in my annual property tax bill. I refused to pay, telling them they needed to sue me in court if they wanted to collect. Instead, they threatened to auction my hotel if I continued to refuse payment — which they did in violation of the Municipal Government Act (specifically, Municipal Act 610).

Meanwhile, from 2018 onward, the Defendant expanded the town’s arena, allowing the deputy mayor to operate a new bar-lounge in direct competition with mine. They removed my business from local advertising, continued inspections meant to harass me, and interfered with my insurance claim after robbers damaged my property.

I hired a lawyer to stop the illegal auction, but the village claimed my lawyer didn’t respond to an email on April 16, 2020, and scheduled the auction anyway. I then hired another lawyer who promised to stop the auction without court proceedings. I paid him $5,000 upfront as appreciation, but he soon disappeared.

Under constant harassment, I experienced severe depression and suicidal thoughts. I filed complaints with the Alberta Human Rights Commission and the provincial Ombudsman. I reported the harassment to the RCMP, but they told me they could not act against the municipality and could only be witnesses in civil court. When the Defendant illegally seized my vending machine (which I had used to block the entrance during repairs), the RCMP again said they could do nothing, causing me to lose a $10,000 insurance claim.

My complaint to the Human Rights Commission (AHRC) was delayed because my lawyer disappeared, and the AHRC officer could not organize a necessary meeting with him. The officer extended deadlines twice before eventually submitting my complaint — then resigned from his position.

The Defendant responded to the AHRC complaint with a settlement offer. My lawyer at the time pressured me to accept any offer, refused to prepare a counteroffer, and broke his promise to sue the Defendant for damages. I fired him and began representing myself.

When my affidavit was filed, the court scheduled a pre-trial conference. During the pre-trial, the judge reviewed my affidavit and evidence but immediately stated he found no evidence of discrimination. He ordered me to pay $1,900 in costs to the Defendant, even granting them legal expenses after closing the court file. Since it was only a pre-trial conference, I refused to sign any agreement, but the court clerk told me the judge had issued no further instructions, so the case was considered closed.

I filed a new Statement of Claim. However, the Defendant’s lawyer used the pre-trial judgment to seize my hotel land through the Alberta Law Society. The Defendant then changed lawyers, and the new lawyer told me I could no longer contact the Defendant directly — everything must go through her. She communicated only by email, and I was unable to deliver legal documents in person because her office doors were always closed.

Suffering from major depression, I became too anxious to answer phone calls, open mail, or check emails because every communication brought more bad news. The Defendant claimed I failed to respond to emails and used this to convince a judge to strike my case without a hearing.

When I appealed, I testified that I was a victim of discrimination and political abuse by the Defendant, forced to abandon my hotel and home. My emergency doctor recommended I leave the hostile environment immediately for my safety, and I was relocated to senior housing in Calgary with help from social workers and community resources.

I explained that my delay in appeal procedures was because I was self-represented, lacked legal knowledge, and was struggling with severe depression and anxiety. Additionally, English is not my first language, and I taught myself English after coming to Canada. The judge interrupted, saying English was not her first language either, and she believed I was capable of proceeding in court.

I explained that I filed my Notice of Appeal and affidavit with the Calgary Court of Appeal but then traveled to China for four months for medical treatment following a car accident and due to depression caused by the Defendant’s abuse. When I returned, I found my appeal closed for procedural delay. The court clerk advised me to write to the Chief Justice’s chambers, which I did. After technical problems with my CAMS account prevented me from e-filing, the case manager assigned a clerk to help resolve the errors, and I filed an application to restore my appeal.

With my application, I submitted a medical statement from my doctor explaining that my delays were due to major depression and anxiety linked directly to the Defendant’s abuse. I also informed the court that my complete medical chart was available for review.

However, the judge relied solely on procedural delay rules. Although she claimed she reviewed my medical statement, she still struck out my case, letting the Defendant avoid accountability.

Following the court’s instructions, I paid the $100 required fee and filed an application for reconsideration, but the Court of Appeal rejected my application.

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What Are Your Next Options?

Here’s what you realistically can consider now:

1) Apply to the Supreme Court of Canada (SCC) for leave to appeal

• The SCC only hears appeals raising legal questions of national importance or cases showing a serious miscarriage of justice.
• You need to apply within 60 days of the Court of Appeal’s final decision.
• You’ll need to show how your case raises an important issue (e.g., whether procedural rules were unfairly applied against self-represented, marginalized individuals).
• If you can, consult a lawyer who practices at the SCC.

2) File a judicial misconduct complaint

• If you believe the judge acted unfairly, ignored evidence, or was biased, you can complain to the Canadian Judicial Council (CJC) if the judge is federally appointed.
• Be aware the CJC cannot reverse decisions; they only discipline judges if misconduct is found.

3) Explore a new civil lawsuit

• If you are still within Alberta’s limitation period (generally two years from when you discovered the harm), you could start a new lawsuit alleging abuse of power, misfeasance in public office, or discrimination.
• Speak to a lawyer to see if you can file a fresh claim.

4) Seek support from human rights or legal advocacy organizations

• Organizations like the Alberta Human Rights Commission (AHRC), Calgary Legal Guidance, or other legal clinics may help review your case.
• They may also connect you with pro bono lawyers or assist you with administrative complaints.

5) Contact your MLA

• If you believe this was systemic abuse or corruption in the village, your MLA can advocate for an investigation or raise your case with provincial authorities.

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Key Point:
Your story shows consistent efforts to seek help and pursue justice. While your legal options are narrowing, you still have potential avenues: a Supreme Court application, a judicial complaint, or starting a new claim (if not time-barred). Act quickly: each option has strict deadlines.

Would you like help drafting a summary for a lawyer, an application for leave to the SCC, or a complaint to the Judicial Council?