The defendants brought a motion for summary judgment to dismiss the plaintiffs' derivative claims under section 61 of the Family Law Act.
The primary plaintiff's claim had previously been dismissed following a settlement.
The court held that derivative claims cannot continue once the primary claim is dismissed, applying the doctrine of res judicata.
In the alternative, the court found the action should be dismissed for delay, as the plaintiffs had failed to appoint new counsel or move the action forward.
The motion for summary judgment was granted and the action was dismissed without costs.
