The plaintiff commenced a Small Claims Court action against a real estate brokerage for unpaid commissions.
The plaintiff had previously brought an action against the team leader and another team member regarding the same commissions under a cooperation agreement, which was dismissed after a trial.
The court found that the current action was an attempt to re-litigate the same issues.
The action was dismissed on the basis of issue estoppel, cause of action estoppel, and abuse of process, as the plaintiff should have added the brokerage as a defendant in the first action or consolidated the two proceedings.
