The appellant commenced a third action asserting the same claim that was previously raised in a 1984 arbitration and a 1989 court action, both of which ended when the appellant failed to pay costs.
The motion judge dismissed the present action on the grounds of the expiration of the limitation period and res judicata.
On appeal, the Court of Appeal dismissed the appeal, finding that allowing the litigation to proceed would constitute an abuse of process and violate principles of judicial economy, consistency, finality, and the integrity of the administration of justice.
