The moving party (respondent) sought summary judgment dismissing the responding party's (applicant's) family law claims for a declaration of a spousal relationship and constructive trust over a residential property.
The moving party had previously obtained an eviction order from the Landlord and Tenant Board, which found that the parties were in a landlord-tenant relationship, not a spousal one.
The responding party appealed the Board's decision to the Divisional Court but failed to perfect the appeal, resulting in its dismissal.
The Superior Court of Justice granted summary judgment, finding that the family law claims were barred by the doctrines of issue estoppel, collateral attack, and abuse of process, as the responding party was attempting to relitigate issues already decided by the Board.
