Can a motion for summary judgment be dismissed?
Ontario, Canada
The following excerpt is from Jain v. Valani, 2011 ONSC 1156 (CanLII):
D.J. Power J. granted the defendant’s motion for summary judgment dismissing the action. He held that the action was one for injurious affection, a matter within the exclusive jurisdiction of the OMB: see Ghalioungui v. Mississauga (City), [2005] O.J. No. 1225 (S.C.J.). He also held that the doctrine of res judicata prohibited re-litigation of an issue determined by a court of competent jurisdiction and that it would be an abuse of process to re-litigate the issue.
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