Bruce MacDonald

The defendant moved under r. 21.01(3)(d) to strike the plaintiff's second summary judgment motion seeking damages for loss of value of a property arising from a failed real estate transaction, arguing the claim was barred by res judicata and constituted an abuse of process.

A prior summary judgment by Goodman J. had awarded the plaintiff partial damages but dismissed the loss-of-value claim for failure to adduce proper expert valuation evidence.

The court found that both issue estoppel and cause of action estoppel applied, as the same issue had been decided in the prior final proceeding between the same parties.

The court also rejected the plaintiff's argument that r. 20.07 permitted a fresh claim for the same head of damages previously dismissed, holding that the rule applies only to relief not covered in the original motion.

The defendant's motion was granted and the plaintiff's second summary judgment motion was dismissed with costs of $7,500.

The respondent father brought a motion to change a final order, seeking to increase his parenting time, reduce his child support obligation, and terminate spousal support.

The parties consented to changes in the time-sharing arrangements.

However, the court dismissed the respondent's claims regarding child and spousal support.

The court found that the respondent failed to prove a material change in his income or net worth, noting significant credibility issues and unexplained financial transactions.

The court imputed an annual income of $100,000 to the respondent and ordered that his support obligations be secured by a charge on his properties.