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The Ontario Court of Appeal dismissed CN’s appeal, holding that its coal tar contamination claim was an abuse of process because the same continuing-migration claim had already been dismissed for delay.
The Federal Court declared Mr. Choi a vexatious litigant under section 40 of the Federal Courts Act and barred new or continuing proceedings without leave, awarding $3,000 costs.
The Federal Court struck Dr. Fox’s claim as an abuse of process because it relitigated issues already rejected by the British Columbia Court of Appeal.
On a Rule 9-6 and Rule 9-5 application, the court refused to summarily dismiss a Minoru Project claim, finding disputed facts on limitation and no clear abuse of process.
The court found the defendant liable for sexual battery and awarded non-pecuniary, punitive and future care damages after relying on the prior criminal conviction.
The court found Cinnabar Brown Holdings Ltd. had repeatedly relitigated settled issues and declared it a vexatious litigant, but declined to impose a blanket leave requirement for the Victoria Action.
The court refused a motion to inspect and record a former apartment to challenge a 2012 search, holding the issue had already been fully litigated and the proposed inspection was speculative.
The Federal Court struck the statement of claim without leave to amend, finding no reasonable cause of action, no standing, and an abuse of process.
The Federal Court struck Christopher Lill’s damages claim as an abuse of process and for no reasonable cause of action, because it re-litigated issues already decided in habeas corpus proceedings.
The Palmer test was not satisfied because the proposed fresh evidence was largely inadmissible and not shown to be relevant or capable of affecting the outcome; the appellant failed to identify any error in the lower court's Order, so the appeal was dismissed for being meritless; costs of $5,000 were awarded to the respondent for the appellant's conduct on appeal.
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