What is the difference between an action and a similar action?
British Columbia, Canada
The following excerpt is from Drader v. Abbotsford (City), 2013 BCSC 499 (CanLII):
Although the two actions share some chronology and some of the same witnesses, the focus of the two claims as disclosed by the pleadings, is really quite different. I am not as a result able to say that the first tests set out in Merritt v. Imasco Enterprises Inc., [1992] B.C.J. No. 160, 2 C.P.C. (3d) 275 has been met in that I cannot say that the parties respective disputes have sufficient in common to justify a common trial.
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