The defendants Xytex Corporation, Xytex Cryo International Inc., Mary Hartley, and Dr. James Todd Spradlin brought a motion to dismiss the action based on res judicata, arguing that the plaintiffs' identical action in Georgia had already been dismissed on the merits.
The plaintiffs opposed, contending the Georgia decision was not on the merits due to a procedural dismissal of their appeal.
The court found that the Georgia Superior Court's dismissal was a decision on the merits, and the subsequent procedural dismissal of the appeal did not negate its finality.
Applying the principles of res judicata, the court dismissed the plaintiffs' action in Ontario, finding no genuine issue requiring a trial and no special circumstances to permit re-litigation.
