Douglass v. Milne

Douglass v. Milne

The appeal is dismissed because the claim is without merit and is barred by res judicata; the proposed fresh evidence would not affect the result; the motion judge did not err in granting summary judgment for the respondents and treated the self-represented appellant appropriately.

Citation
2011 ONCA 284
Parties
Appellant/plaintiff: Victoria Douglass; Respondent/defendant: Warren Milne; Respondent/defendant: Elizabeth Ennis (carrying on business as Ennis Milne Barristers and Solicitors)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 April 2011
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment for respondents affirmed
Legal Topics
Summary Judgment, Res Judicata, Fresh Evidence, Treatment of Self Represented Litigants, Costs
Source Language
English
Civil Procedure Civil Litigation Res Judicata Legal Professional Liability Summary Judgment Fresh Evidence Treatment of Self Represented Litigants Costs

Case Brief

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Parties

Victoria Douglass

Appellant/plaintiff

Warren Milne

Respondent/defendant

Elizabeth Ennis (carrying on business as Ennis Milne Barristers and Solicitors)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether proposed fresh evidence should be admitted on appeal
  2. 2 Whether the motion judge erred in granting summary judgment for the respondents
  3. 3 Whether the appellant's claim is barred by res judicata (previous dismissal and failed appeal)

Ratio Decidendi

The appeal is dismissed because the claim is without merit and is barred by res judicata; the proposed fresh evidence would not affect the result; the motion judge did not err in granting summary judgment for the respondents and treated the self-represented appellant appropriately.

Court Disposition

Appeal dismissed; summary judgment for respondents affirmed

Orders

  • Motion to introduce fresh evidence dismissed
  • Order of Matlow J. dated October 8, 2010, dismissing the appellant's motion for summary judgment and granting summary judgment in favour of the respondents is affirmed