5 Apr 2023
Miro Chembiotech Ltd. v. Houle Electric Limited
This case, dated April 5, 2023, Houle Electric Limited aimed to strike the amended notice of civil claim filed by Miro Chembiotech Ltd. (MCL) on September 28, 2021 due to abuse of process. MCL accused Houle of breaching a contract by not connecting specific equipment. Houle argued that the claim in the amended notice aligned with the factual basis of MCL's default judgment from the Civil Resolution Tribunal (CRT). The court hearing was repeatedly adjourned, while the court concluded that MCL's claim in CRT and the Supreme Court was based on the same breach by Houle and that bringing the claim to the Supreme Court was an abuse of process, regardless of differing damages. AMNOCC was struck out, Houle's application for costs was not addressed. MCL paid Houle's costs on Scale B, no special costs.