Parker, Turmel and Paquette v. Her Majesty the Queen
The appeal was dismissed because the February 10, 2003 application sought the same relief as earlier applications and all issues were or could have been raised previously, so relitigation was barred.
Source-derived case information.
- Citation
- C39653
- Parties
- Appellant: Terrance Parker; Appellant: John C. Turmel; Appellant: Marc J.J. Paquette; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 October 2003
- Procedural Posture
- Civil Appeal / Decision on Appeal (endorsement)
- Outcome
- Appeal dismissed.
- Legal Topics
- Res Judicata, Issue Estoppel, Abuse of Process, Procedural Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Terrance Parker
Appellant
John C. Turmel
Appellant
Marc J.J. Paquette
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Civil Appeal / Decision on Appeal (endorsement)
Legal Issues
- 1 Whether the February 10, 2003 application raised issues different from prior applications
- 2 Whether the application was barred because it sought the same relief as prior applications heard by Lederman J.
- 3 Whether issues not raised earlier but capable of being raised could be litigated now
Ratio Decidendi
The appeal was dismissed because the February 10, 2003 application sought the same relief as earlier applications and all issues were or could have been raised previously, so relitigation was barred.
Court Disposition
Appeal dismissed.
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Parker, Turmel and Paquette v. Her Majesty the Queen Collection Decisions of the Court of Appeal Date 2003-10-07 Docket numbers C39653 Judges Doherty, David H.; Goudge, Stephen Thomas; Simmons, Janet M. Subject Civil Decision Content DATE: 20031007 DOCKET: C39653 COURT OF APPEAL FOR ONTARIO RE: TERRANCE PARKER AND JOHN TURMEL AND MARC J.J. PAQUETTE (Appellants) – and – HER MAJESTY THE QUEEN (Respondent) BEFORE: DOHERTY, GOUDGE AND SIMMONS JJ.A. COUNSEL: Terrance Parker in person John C. Turmel in person Marc J.J. Paquette (submissions in writing) Croft Michaelson and Christopher Leafloor and Vanita Goela for the respondent HEARD: July 30, 2003 On appeal from the decision of Justice Michel Charbonneau of the Superior Court of Justice dated February 14, 2003. ENDORSEMENT [1] Charbonneau J. was correct to dismiss these appellants' application dated February 10, 2003. The relief sought in that application was exactly the same as the relief sought in the prior applications brought by these appellants, which were heard by Lederman J. and disposed of by him on January 9, 2003. [2] All the issues in the February 10, 2003 application were or could have been raised before Lederman J. [3] The appeal is dismissed. “Doherty J.A.” “S.T. Goudge J.A.” “Simmons J.A.”