Lehan v. St. Catharines (City)
Permitting the Amended Statement of Claim would have constituted an abuse of process by relitigating issues already determined and the pleading disclosed no reasonable cause of action; therefore the motion judge correctly struck the pleading and the appeal must be dismissed.
Source-derived case information.
- Citation
- 2010 ONCA 318
- Parties
- Plaintiff: Thomas Lehan; Defendant: The Corporation of the City of St. Catharines
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 May 2010
- Procedural Posture
- Civil Appeal / Appeal From Superior Court Motion Judge's Order Striking Amended Statement of Claim
- Outcome
- Appeal dismissed
- Legal Topics
- Abuse of Process, Res Judicata, Strike Statement of Claim, Leave to Amend, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Lehan
Plaintiff
The Corporation of the City of St. Catharines
Defendant
Procedural Posture
Civil Appeal / Appeal From Superior Court Motion Judge's Order Striking Amended Statement of Claim
Legal Issues
- 1 Whether the Amended Statement of Claim disclosed a reasonable cause of action
- 2 Whether permitting the Amended Statement of Claim would constitute abuse of process by relitigation of issues already determined
- 3 Whether leave to amend should be granted
Ratio Decidendi
Permitting the Amended Statement of Claim would have constituted an abuse of process by relitigating issues already determined and the pleading disclosed no reasonable cause of action; therefore the motion judge correctly struck the pleading and the appeal must be dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Appellant to pay respondent costs of $2,500 inclusive of GST and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Lehan v. St. Catharines (City) Collection Decisions of the Court of Appeal Date 2010-05-03 Neutral citation 2010 ONCA 318 Docket numbers C51577 Judges Moldaver, Michael James; MacPherson, James C.; Watt, David Subject Civil Decision Content CITATION: Lehan v. St. Catharines (City), 2010 ONCA 318 DATE: 20100430 DOCKET: C51577 COURT OF APPEAL FOR ONTARIO Moldaver, MacPherson and Watt JJ.A. BETWEEN: Thomas Lehan Plaintiff and The Corporation of the City of St. Catharines Defendant Thomas Lehan, in person Jeffrey B. Rosekat, for the defendant Heard: April 30, 2010 On appeal from the judgment of Justice L.M. Walters of the Superior Court of Justice, dated November 5, 2009. APPEAL BOOK ENDORSEMENT [1] We agree with the motion judge that to permit this Amended Statement of Claim to proceed would be to countenance an abuse of process by permitting relititgation of issues already determined by courts of competent jurisdiction. In every event, the Amended Statement of Claim discloses no reasonable cause of action and could have been struck without leave to amend on this ground as well. The motion judge applied the correct test and reached the correct conclusion. The appeal is dismissed. [2] The appellant shall pay to the respondent costs in the amount of $2,500 inclusive of GST and disbursements.