The defendants brought motions to strike the plaintiff's Fresh As Amended Statement of Claim and dismiss the action.
The plaintiff, a therapeutic counsellor, had previously sued the defendants in Small Claims Court and initiated various complaints regarding a fee-splitting and supervision arrangement.
The court found that the current action was an attempt to relitigate claims that had already been dismissed or settled, constituting an abuse of process.
Furthermore, the claims were statute-barred as they were discovered more than two years before the action was commenced.
The court dismissed all claims except for a defamation claim against one defendant, which was struck for lack of particularity but with leave to amend.
