Court of Appeal for Ontario

Nitsopoulos v. Marriott Corporation Canada

Date: 2000-10-20

Mitchell Rose (Stancer Gossin), for the plaintiff/appellant;

counsel for the defendant not disclosed.

(Court File No. C33488)

[1] By the Court: The motions judge was correct in dismissing the appellant's action as an abuse of process. This is not a case where the decision of the appellant's then counsel not to appeal the Master's order dismissing the appellant's action against the respondent can reasonably [be] considered in isolation. The motions judge was correct in looking at the entire circumstances of the appellant's conduct. We do not need to consider also the application of the principle of res judicata.

[2] The appeal is dismissed with costs fixed at $1,500.

Appeal dismissed.