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The Supreme Court of Canada dismissed Patrick Street’s appeal, holding that cause of action estoppel barred its renewed claim to payment under a $4 million mortgage.
The Court of Appeal dismissed 2113626 Ontario Inc.’s appeal, upholding summary judgment on common employer liability and rejecting res judicata and abuse of process arguments.
Application for a stay was dismissed because the appeal and underlying judicial review were of little merit, there was insufficient evidence of irreparable harm, and the balance of convenience favoured the respondents given the appellants' delay and repeated procedural abuses; deference to Justice Hewson's discretionary case management decision warranted upholding the cancellation of the stay.
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In Nova Scotia interlocutory procedural orders are not automatically subject to res judicata; however, a second motion to revisit consolidation may proceed only on judicial discretion and where the moving party shows a material change in circumstances or new evidence that seriously justifies reconsideration; Rule 37.05 permits severing parts of a proceeding including previously consolidated actions when that threshold is met; Omega failed to meet the threshold and the application to unwind consolidation was an abuse of process and therefore dismissed with costs.
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The prior DeCotiis disclosure order with an express temporal limitation is final and bars production of the Lee and Geddes reports (they post‑date the cutoff) so issue estoppel/abuse of process prevents relitigation; conversely, Documents 673 and 682 fall within the previously ordered scope and the wills exception overrides asserted litigation or third‑party privilege, so the redacted documents must be produced unredacted within seven days.
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The court concluded the New Oppression Petition duplicates and substantially overlaps prior litigation and, given prior adjudications (including Warren J.'s dismissal and the effective dismissal by Matthews J. of the Strata Ownership Action subject to reconsideration/appeal), constituted an abuse of process and res judicata as against CCM, Run Guo and Xin Liu and must be struck; the New Action was stayed pending resolution of the Strata Ownership Action reconsideration and appeal, but Mr. Chen's distinct Management Fee Claim was allowed to proceed because it is a separate personal contractual…
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The Court of Appeal dismissed an appeal as frivolous, vexatious, and abusive, finding it was a collateral attack on earlier orders and judgments.
Appeal allowed and claim dismissed because it is a foundational rule that a party cannot recover the costs of the same proceeding as tort damages and there is no principled basis or pleaded category of recoverable pure economic loss to justify an exception; the chambers judge erred in failing to apply this rule and the restrictive principles governing pure economic loss.
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The appeal is dismissed because the Application in Court was an improper collateral attack and abuse of process that should have been challenged by appeal or judicial review, the pleadings failed to disclose a viable cause of action against the respondent (fraud on the court and alleged professional misconduct are not standalone causes against a party who was not a party to the original proceeding), and counsel's conduct met the high threshold warranting a personal costs award against him.
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The Court of Appeal for Ontario dismissed a motion to re-open a dismissed appeal, finding it frivolous, vexatious and an abuse of process under r. 2.1.
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