Can a second application be brought if the supporting materials are inadequate?
British Columbia, Canada
The following excerpt is from Tylon Steepe Homes Ltd. v. Landon, 2010 BCSC 192 (CanLII):
In Leier v. Shumiatcher (1962), 1962 CanLII 294 (SK CA), 37 W.W.R. 605, the court made clear that an application dismissed because of insufficiency or imperfection in supporting materials could not be made again except with leave of the court dismissing the application. Where an application is dismissed on the merits a second application cannot be brought. As noted by the court at para. 5 of the decision, the theory underlying the principle is that the applicant has already received a judicial decision against them on the material submitted and the matter is res judicata.
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