The appellants appealed an order dismissing their action on summary judgment on the basis of issue estoppel arising from a committee decision made in the course of a costs disposition.
The court held that the committee's finding that the proceedings were not unwarranted did not answer the central question whether the investigation and proceedings were undertaken in bad faith.
Because the first requirement of issue estoppel was not met, the summary judgment order could not stand.
The matter was remitted to the motions judge to determine whether there was otherwise a genuine issue for trial, and leave to admit fresh evidence was refused.
