Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant?
British Columbia, Canada
The following excerpt is from Complainant v. College of Massage Therapists of British Columbia (No. 1), 2020 BCHPRB 107 (CanLII):
This court has the jurisdiction to control its process and to that end is empowered to stay an action. The commencement by a plaintiff of more than one application against a defendant in relation to the same dispute or matter can be an abuse of process. The usual remedy for such an abuse is to stay one of the proceedings [citations omitted]. (e) Lacharity was cited with approval in Drover v. BCE Inc., 2013 BCSC 1341 in which Mr. Justice Weatherill, after reviewing the authorities, concluded as follows:
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