The appellant brought an action for damages for unfair trade practices against the respondents in the Superior Court.
The respondents brought a motion to dismiss this action on the ground of lis pendens since an action for damages for unfair trade practices, based both on s. 31.1(1) of the Combines Investigation Act and on general civil liability, and involving the same parties, was pending in the Federal Court.
The Supreme Court of Canada held that the action brought in the Superior Court should be dismissed on the ground of lis pendens, as both courts were equally competent and there was an identity of parties, object, and cause between the two cases.
