The defendant brought a motion to dismiss the plaintiff’s action arising from a mortgage enforcement proceeding that had already resulted in default judgment, eviction, and sale of the property.
The plaintiff failed to appear at the motion hearing despite notice and prior scheduling communications with the court.
The court reviewed the statement of claim to determine whether it disclosed a reasonable cause of action and found that the allegations—framed as negligence and related misconduct—were in substance attempts to re‑litigate issues that should have been raised in the earlier mortgage action.
Applying principles of res judicata and abuse of process, the court held that the claim raised no new cause of action and constituted an impermissible collateral attack on a final judgment.
The court ordered that the statement of claim be dismissed unless the plaintiff obtained leave within three weeks to appear and explain her failure to attend.
