The appellant condominium corporation brought an application to remove the respondent's cats from her unit, after a previous identical application by the unit owner was dismissed and not appealed.
The application judge dismissed the second application as an abuse of process.
The Court of Appeal upheld the dismissal, finding that the appellant was an active participant in the first application and that permitting the second application would be manifestly unfair to the respondent by forcing her to relitigate the same issue.
