The defendants brought a motion under Rule 21.01(3)(d) to dismiss or stay an action alleging breach of trust, bad faith, and unjust enrichment arising from the termination of a real estate Agreement of Purchase and Sale.
The plaintiffs had previously brought an application concerning the same agreement, in which the court determined after trial that the vendor lawfully terminated the agreement due to the purchasers’ default.
The court held that the present action was fundamentally premised on the allegation that the termination was wrongful, an issue already adjudicated in the earlier proceeding.
Applying the doctrines of res judicata and abuse of process, the court found the action sought to relitigate matters previously determined and was therefore frivolous and vexatious.
The action was dismissed in its entirety.
