What is the test for "re-litigation"?
Ontario, Canada
The following excerpt is from Cole v. Ontario (Health and Long-Term Care), 2016 HRTO 497 (CanLII):
In the absence of a legal determination of the applicant’s medical needs, the concept of “re-litigation” simply does not apply. If there has been no legal determination, there is no risk of duplicative litigation, potential inconsistent results, undue cost, and inconclusive proceedings, the very things the abuse of process doctrine is designed to prevent. See Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44.
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