The appellant appealed the dismissal of its Superior Court action, which the motion judge had found to be an abuse of process for raising the same issues as an earlier Small Claims Court action.
The Court of Appeal allowed the appeal, finding that despite the appellant's contradictory affidavits, the legal issues in the two actions were not identical or substantially the same.
However, due to the appellant's inaccurate affidavit, costs of the appeal and the motion were awarded to the respondent.
