The defendants brought a motion to dismiss or stay an action concerning alleged construction deficiencies in a new home.
The plaintiff had previously pursued warranty claims through the statutory regime under the Ontario New Home Warranties Plan Act and unsuccessfully litigated the issues before the Licence Appeal Tribunal and on appeal.
The court held that the action attempted to relitigate the same warranty issues and was barred by issue estoppel, res judicata, abuse of process, and collateral attack on tribunal decisions.
In addition, the defendants applied for an order declaring the plaintiff a vexatious litigant based on a long history of repetitive and abusive litigation conduct.
The court granted the application and imposed restrictions requiring leave of the court before the plaintiff could commence further proceedings against the defendants.
