In long‑running multi‑jurisdictional litigation involving petroleum joint ventures, the respondents brought motions seeking dismissal of a new application, addition of parties to an existing reference proceeding, and a declaration that the opposing party was a vexatious litigant.
The court held that the applicant’s attempt to abandon an earlier oppression application and restart proceedings through a related corporation constituted an abuse of process.
The court set aside the notice of abandonment, dismissed the new application as res judicata, and added the corporation and an additional entity as parties to the reference so that outstanding accounting and valuation issues could proceed.
The request to declare the individual litigant vexatious was denied, although procedural orders were imposed to complete the reference before a Master.
