The plaintiff, 2770095 Ontario Inc., brought a motion to set aside a prior decision dismissing its action as an abuse of process due to a champertous agreement, and to substitute Affinitas Medios de Pago S.A.P.I de C.V. as the plaintiff.
The court dismissed the motion, holding that its discretion to alter a judgment before entry is limited to technical corrections or preventing a miscarriage of justice.
The requested change was not technical, and no miscarriage of justice would occur, especially since the plaintiff had ample opportunity to amend its pleadings earlier and could still commence a new action.
Granting the relief would bring the administration of justice into disrepute given the plaintiff's prior abuse of process.
