The appellants brought a second motion for summary judgment on the eve of a scheduled five-day trial.
The motion was dismissed, and the Divisional Court dismissed the subsequent appeal.
The Court of Appeal declined to address whether a party can bring more than one motion for summary judgment or the application of res judicata, finding that the Divisional Court did not err in dismissing the appeal given the timing of the motion.
The appeal was dismissed with costs fixed at $5,000.
