The appellants appealed an order dismissing their action as an abuse of process.
The motion judge found that the appellants could have raised their allegation of being specifically targeted in prior judicial review proceedings regarding the FIT program.
The Court of Appeal upheld the decision, confirming that the abuse of process doctrine applies to issues that could have been determined in earlier administrative processes, and found no error in the motion judge's refusal to exercise her discretion to allow the action to proceed.
