PRACTICE |
Pleadings |
Motion to Strike |
Morin v. Canada
A-383-00
2003 FCA 486, Evans J.A.
19/12/03
4 pp.
Respondent in this appeal made motion requesting appellants's appeal be dismissed on ground of abuse of process--Preliminary question of law decided by Heneghan J. res judicata when Dawson J. rendered decision in action-- By proceeding to trial when appeal pending results in appellant trying to obtain more favourable result--To allow appeal to proceed would constitute waste of judicial resources --Respondent's motion granted and appeal dismissed as abuse of process.
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