The appellant challenged the dismissal of an action advancing further employment-related claims against her former employer notwithstanding an earlier settlement and extensive prior litigation.
The Court of Appeal held that the action was properly dismissed on multiple independent grounds, including limitation period expiry, failure to disclose a reasonable cause of action, abuse of process, and exclusive labour-relations jurisdiction.
The court further held that the proceeding was an attempt to re-litigate issues that were or ought to have been raised in earlier proceedings and applied issue estoppel under Danyluk.
The appeal was dismissed with modest costs to the respondent.
