Court of Appeal for Ontario

CITATION: Douglass v. Milne, 2011 ONCA 284

DATE: 20110411

DOCKET: C52885

Before: Doherty, Feldman and Epstein JJ.A.

BETWEEN

Victoria Douglass

Plaintiff (Appellant)

and

Warren Milne, Elizabeth Ennis (carrying on business as Ennis Milne Barristers and Solicitors)

Defendants (Respondents)

Counsel:

Victoria Douglass, in person

Keith Geurts and Josh Hanet, for the respondents

Heard: March 10, 2011

On appeal from the judgment of Justice P. Matlow of the Superior Court of Justice dated October 8, 2010.

APPEAL BOOK ENDORSEMENT

[1] The motion to introduce fresh evidence is dismissed. The proposed evidence would not affect the result of the appeal.

[2] The appellant appeals the order of Matlow J. dated October 8, 2010, dismissing her motion for summary judgment and granting summary judgment in favour of the respondents, the appellant’s former solicitors.

[3] The appellant commenced an action in May of 2002 against the same defendants. This action was dismissed on the basis that the claim was without merit. This court dismissed the appeal from that decision. The appellant’s application for leave to appeal to the Supreme Court was similarly unsuccessful.

[4] Our examination of the claim in this action leads to the same conclusion: it is without merit. Furthermore, it is barred by the principle of res judicata.

[5] Finally, we consider that the motion judge treated the self-represented appellant appropriately during the hearing. No amount of additional time would have enabled her to overcome either the lack of evidence in support of the claim or that the action is precluded by reason of res judicata.

[6] This is not a case where costs are warranted.