Court File and Parties

CITATION: Lee v. Future Bakery Limited, 2016 ONSC 1764

COURT FILE NO.: CV-15-538498
DATE: 20160310

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

RE: JOUNG KWANG LEE, Plaintiff

-AND-

FUTURE BAKERY LIMITED and BORYS WRZENSNEWSKJ, Defendants

BEFORE: F.L. Myers J.

READ: March 7, 2016

Endorsement

[1] The plaintiff’s pleading appears to invoke s.140(3) of the Courts of Justice Act, R.S.O. 1990, c.C.43. There is no order against him under s.140(1) so he does not need leave under s.140(3). But, the subject matter of the proposed proceeding has already been decided against the plaintiff and I have previously dismissed another attempt by the plaintiff to re-litigate that case. Lee v. Future Bakery Ltd. et al., 2015 ONSC 3996.

[2] It is an abuse of process to keep bringing new proceedings to re-litigate the same issue after a court has already ruled.

[3] In light of my prior ruling, there is nothing served by requiring that a notice in Form 2.1A be served. Therefore:

a. This application is dismissed with costs to be assessed if demanded;

b. I dispense with any requirement for the plaintiff to approve the formal dismissal order; and

c. The registrar shall send a copy of this endorsement to the plaintiff and counsel for the defendants.

F.L. Myers J.

Date: March 10, 2016