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Appeal from dismissal of motion to strike statement of claim dismissed due to alleged failure to disclose material evidence.
The appellants appealed the dismissal of their motion to strike the respondent's statement of claim on the basis of res judicata, issue estoppel, and abuse of process.
The motion judge had found that res judicata and issue estoppel would apply but for the appellants' failure to disclose material evidence in a previous action.
The Court of Appeal dismissed the appeal, noting that on a motion to strike at the pleading stage, the facts pleaded by the respondent must be accepted as true.
