Court of Appeal for Ontario
Moldaver, MacPherson and Watt JJ.A.
BETWEEN:
Thomas Lehan
Plaintiff
and
The Corporation of the City of St. Catharines
Defendant
Counsel:
Thomas Lehan, in person
Jeffrey B. Rosekat, for the defendant
Heard: April 30, 2010
On appeal from the judgment of Justice L.M. Walters of the Superior Court of Justice, dated November 5, 2009.
APPEAL BOOK ENDORSEMENT
1We agree with the motion judge that to permit this Amended Statement of Claim to proceed would be to countenance an abuse of process by permitting relititgation of issues already determined by courts of competent jurisdiction. In every event, the Amended Statement of Claim discloses no reasonable cause of action and could have been struck without leave to amend on this ground as well. The motion judge applied the correct test and reached the correct conclusion. The appeal is dismissed.
2The appellant shall pay to the respondent costs in the amount of $2,500 inclusive of GST and disbursements.