Dear Dear Justice Chief of Chamber for Court of Appeal of Alberta
1. Nature of Application and Relief Sought:
I respectfully request reconsideration of the decision issued by Justice Antonio, which denied my application to restore my appeal. I believe the decision was made in error both in law and in fact, and I ask that the Court re-evaluate its position in light of the following points.
2. Grounds for making this application:
I. Procedural and Legal Errors
Justice Antonio based her decision on incorrect legal principles and claimed to have reviewed both parties’ materials and my personal circumstances, including my health issues. Despite this, the Court held that my appeal could not be restored due to procedural delay. This decision was subsequently confirmed and published by the Court. I submit that this decision failed to adequately consider the totality of the circumstances and the interests of justice.
II. Public Interest and Abuse of Power
The Respondent in this matter is a municipality—a public authority representing the Alberta Government. The conduct complained of is not merely a private dispute but raises serious issues of public interest. The municipality has used its authority to harass and harm me and my business, culminating in my forced emergency relocation from the Village of Standard to Calgary. This pattern of abuse includes both administrative and legal harassment, continuing since 2012.
III. Failure to Consider Abuse of Process
The Court’s decision neglected the cumulative and ongoing abuse I have suffered at the hands of the Respondent. The pattern of harassment includes misuse of legal processes and public funds (including my own property tax payments) to fund litigation against me. Allowing such conduct to stand without review undermines public confidence in the justice system and sets a dangerous precedent for future municipal accountability.
IV. Errors and Omissions Relevant to the Reinstatement Application
1) Medical Conditions and Health Barriers
My ability to comply with Court timelines was severely impacted by serious health issues, including medically documented depression, anxiety, and physical injuries from a car accident on October 6, 2022. My family physician has linked these conditions to the stress caused by the Village office of Standard’s conduct.
2) Self-Representation and Filing Errors
As a self-represented litigant with limited access and no formal training in English or legal procedure, I relied on courthouse staff to deliver my affidavit. After filing my notice of appeal, I physically delivered my documents to the Court of Appeal in Calgary as instructed by courthouse security staff. I then traveled to China for medical treatment, believing my materials were properly filed.
3) Multiple Personal Crises
In addition to legal and health challenges, I am concurrently dealing with a complex immigration marriage fraud matter besides dealing with legal harassment by the Respondent of the municipality office of Standard, and the car accident injury treatments up to today. These overlapping issues have significantly affected my capacity to manage court deadlines and processes.
4) Technical Issues with CAMS
Upon returning, I discovered my appeal had been administratively closed without proper notice. I immediately contacted the Chief Justice’s Chambers and was assisted by CAMS Case Manager Ms. Laurie and a designated clerk, who helped resolve the technical issues with my online appeal account.
5) Misuse of Public Funds
The Respondent has consistently used public funds, including my own property taxes, to pursue illegal action against me while I have had to bear the financial burden of defending myself. This has contributed significantly to my mental, physical, and financial hardship.
6) Emergency Relocation Due to Unsafe Living Conditions
On June 1, 2025, I was forced to abandon my hotel and residence in the Village of Standard due to escalating harassment. I relocated to Grace Bankview Senior Housing in Calgary, with the support of medical professionals and social services. This drastic action underscores the severity of my situation.
7) Language Barriers and Access to Justice
During the hearing before Justice Antonie, I explained that I never received formal education in English. My limited language proficiency has caused significant difficulty in understanding court procedures and legal terminology, especially at the appellate level.
8) Testimony Given Prior to Dismissal
All of the above concerns were raised before Justice Antonie at the hearing. Despite this, my application to restore the appeal was dismissed, and the case was struck from the Court of Appeal's docket.
9) Never Give-up and Struggling of Fair Justice
Since I relocated from Montreal to this village 2012, I am struggling for fair justice against discrimination of small-town political abuse: through from Alberta Municipal Affairs, Human Rights Commission, Ombudsman, and I am never stopped to seeking fair justic. When the Respondent raised up of legal harassment illegally auction my hotel, I filed to King’s Bench, then raised up to the Court Appeal, which I never dropped and give up my rights. But the decision grantied by Justice Antonie who ignored the facts that I am living under multiple crises, and she is wrongly believing the delay appeals that I gave up my rights, simply use the court rules dismissed my restore of appeal, and she totally ignored what I testified of the facts at the hearing.
3. Material or evidence to be relied on:
a. Summary of series harassment raised up to legal harassment
b. Municipal ACT 610 against illegal auction my hotel
c. Medical health Statement appointed infective from abuse
d. Car accident injury case
e. Lease of agreement of Grace Bankview Senior House
f. Summarized of acts against public interests
4. Applicable Acts, regulations and rules:
A. Judicature Act, RSA 2000, c J-2
B. Alberta Rules of Court, Alta Reg 124/2010
I appreciate this Court of Appeal would re-considerate the decision granted by Justice Antonio, recognize the facts that the Respondent never acted by misunderstanding of the law codes from right beginning, which the Respondent rather break up the law codes to creating those series harassment, then raised up to legal harassment, used its authority abusing me and my business even though I am also the one of the civilians, but I am the only Asian, who spoken broken English, a senior single father with two minors, and invested more than half million dollars into this village to contribute the economy.
PS: I will be file the “Material or evidence to be relied on” separately.
Peter Zhen Guo Pan
June 27, 2025
