The plaintiff commenced an action against his real estate agent and brokerage, alleging the agent forged his signature on a waiver of a home inspection condition.
This same allegation of forgery had been previously raised by the plaintiff and rejected by a judge in an earlier application brought by the vendor to keep the plaintiff's deposit.
The defendants moved to strike the statement of claim as an abuse of process and barred by issue estoppel.
The court granted the motion, finding that the core issue was identical to the one already decided, the plaintiff had the opportunity to appeal the prior decision but did not, and allowing the claim to proceed would be an abuse of process.
