The appellants appealed an order striking out their action under Rule 2.1 of the Rules of Civil Procedure as an abuse of process.
The appellants had previously failed to set aside a default judgment obtained against them and subsequently brought a new action claiming damages and alleging fraud regarding the service of the original claim.
The Court of Appeal upheld the motion judge's finding that the new action was an attempt to relitigate issues already decided and dismissed the appeal.
