The applicant commenced an application for judicial review to challenge the quantum of a costs order made against it on a jurisdiction motion.
The applicant had previously appealed the jurisdiction decision to the Court of Appeal, which dismissed the appeal and rejected allegations of bias against the motion judge.
The respondent requested that the application be dismissed under Rule 2.1.01 of the Rules of Civil Procedure.
The Divisional Court dismissed the application as an abuse of process, finding that the applicant failed to pursue its statutory right to seek leave to appeal the costs order and was attempting to re-litigate bias allegations already decided by the Court of Appeal.
