The appellant sued a trustee in bankruptcy and others.
A Registrar dismissed his motion for leave to continue the action under s. 215 of the Bankruptcy and Insolvency Act, and the appellant did not appeal.
Instead, he issued a new Fresh as Amended Statement of Claim based on the same facts.
The motion judge struck the new claim on the grounds of res judicata and abuse of process.
The Court of Appeal dismissed the appeal, holding that the new claim was an attempt to relitigate a determined matter and that the proper avenue was to appeal the Registrar's order.
