The applicant moved to amend a previous Superior Court order that dismissed its action, seeking to add a clause stating the dismissal was without prejudice to a parallel Small Claims Court action.
The court found that the applicant had obtained a default judgment in Small Claims Court without notice to the respondent and failed to disclose this to the Superior Court judge who dismissed the action the following day.
The court dismissed the motion, finding no justification to interfere with the Small Claims Court process and noting that the requirements for amending an order under Rule 59.06 were not met.
The court also noted significant evidence suggesting the applicant was a fictional entity created by a declared vexatious litigant using aliases.
