The plaintiff brought a motion seeking a ruling that her action should proceed to trial and not be dismissed on a forthcoming summary judgment motion.
The defendant argued that the claim was barred by res judicata, issue estoppel, abuse of process, and the Limitations Act because the same issues had already been adjudicated in a prior action concerning the construction of a residential property.
The court found that the plaintiff was attempting to relitigate factual and legal issues previously determined and that the new action was also commenced outside the applicable two-year limitation period.
Applying principles of proportionality and the culture shift endorsed in Hryniak v. Mauldin, the court determined that further motion proceedings would serve no useful purpose.
The action was dismissed immediately as an abuse of process.
