The appellant appealed an order dismissing its solicitor's negligence action as an abuse of process.
The Court of Appeal held that the appellant was barred from relitigating the previously determined issue that recission was unavailable in the underlying commercial action, and therefore could not maintain negligence allegations premised on the solicitor's failure to plead recission.
However, the court accepted that the statement of claim also contained distinct negligence allegations unrelated to recission.
The appeal was allowed in part, the recission-based claims remained barred, and the remaining negligence claims were permitted to proceed.
No costs were awarded because success was divided.
