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The court dismissed a motion for special costs against plaintiff’s counsel after a failed summary trial, finding no marked misconduct or basis to order counsel personally to pay.
Leave to appeal was refused because the Applicant did not present any arguable ground: the General Division correctly applied res judicata to bar the second, duplicative application; it properly exercised discretion under Danyluk to refuse to re-hear the same issues; and the new medical report post-dating the qualifying period could not have affected that res judicata-based decision and therefore cannot be relied on by the Appeal Division.
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