The appellant appealed an order striking out portions of his Amended Statement of Claim on the basis of res judicata, abuse of process, or vexatious proceedings.
The Court of Appeal found no error in the motions judge's exercise of discretion, noting that claims for lost income as a lawyer lacked an air of reality since the appellant had been disbarred for misappropriation of trust funds.
The court also dismissed the appellant's arguments regarding the motions judge's jurisdiction to award costs and allegations of bias.
The appeal was dismissed with costs awarded to the respondents.
