The appellant appealed an order dismissing his action as an abuse of process.
The motions judge had concluded that commencing a new action against individual defendants after the court refused to amend the claim to name them in a prior action constituted an abuse of process.
The Court of Appeal found this was an error in principle, as the prior decision was purely procedural and did not deal with the merits of the claim.
The appeal was allowed and the action was permitted to proceed.
