The defendant moved for leave to appeal an order dismissing his motion for summary judgment.
The underlying action involved a personal injury claim arising from a motor vehicle accident, which the defendant argued was barred by cause of action estoppel because the plaintiff's insurer had previously obtained a consent judgment for property damage in a subrogated action.
The court found conflicting decisions in Ontario and Alberta regarding whether a single wrong can generate more than one cause of action in these circumstances.
Leave to appeal to the Divisional Court was granted to definitively address the issue.
