The plaintiffs commenced a third separate action in Toronto against neonatal care professionals and a hospital for injuries sustained by a newborn, having already commenced two actions in Brampton for the same injuries arising from a car accident and birthing care.
The defendants moved to dismiss the Toronto action as an abuse of process, arguing the plaintiffs should have sought leave to add them to the existing Brampton actions.
The court agreed, finding the separate action was a tactical maneuver to avoid the leave requirement and potential limitation period defences.
The court stayed the Toronto action pending a motion to amend in Brampton, while strongly criticizing the parties for engaging in costly and delaying procedural disputes contrary to the culture shift mandated by Hryniak.
