Foothills 31 v Alston, 2022

Back in 2010, Ellen Alston and Leslie Vecsey sued the Municipal District of Foothills No. 31 for $8 million for alleged contamination of the groundwater. By 2014, the parties exchanged records and the municipality applied for access of the water in order to test it. Ms. Alston and Mr. Vecsey initially appealed the order but later abandoned the appeal. However, the municipality couldn’t test the water because at that time, the mortgagee, Manulife, foreclosed and poured sodium hypochlorite down the well. Foothills No.31 and Ms. Alston and Mr. Vecsey (now self-representing) continued completing documents and responses and applied for the case to go to trial but informed the court that they would no longer participate in case management or communicate with the court. Only in May 2020 did they file their summary judgment motion. Meanwhile, Ms. Alston and Mr. Vecsey contacted partners at Foothills No.31’s law firm as well as directly contacting specific representatives for Foothills No.31. A “no contact” court order was released declaring that Ms. Alston and Mr. Vecsey may not directly nor indirectly contact Foothills No.31’s law firm. Ms. Alston and Mr. Vecsey proceeded to breach the court order and Foothills No.31 applied for contempt. Foothills No.31 application was successful and they went on to apply to dismiss the claim for long delay in 2021. Justice Hollins ruled in favour of Ms. Alston and Mr. Vecsey, and did not find that they were significantly responsible for the delay and that Foothills No.31 had not sustained significant prejudice because of it. Foothills No.31 appealed the decision and the court found that Ms. Alston and Mr. Vecsey were significantly responsible for the delay. The court found it amiss that Ms. Alston and Mr. Vecsey took steps to pursue their claim in 2017 but only applied in 2020 while declaring that they would have no more participation in case management or communication with the court. Indeed Ms. Alston and Mr. Vecsey had gone so far as to baselessly accuse Foothills for “fraudulent” appeal application of delay, further claiming that it was Foothills who was increasing the delay by their appeal. The court found that Ms. Alston and Mr. Vecsey caused the delay in the proceedings by their lack of knowledge as to how to operate professionally in a court, their insistence on representing themselves, and their lack of cooperation in the proceedings. Foothills No.31’s appeal was allowed and Ms. Alston and Mr. Vecsey’s claim was dismissed.