Background: The case arose from a dispute among investors in a real estate project in Vernon, British Columbia. SWS Marketing Inc. and Rene Gauthier (Appellants) appealed an order striking their notice of civil claim as an abuse of process. The project involved marketing and managing residential strata lots.

Legal Arguments/Issues:

• The appellants contended that the chambers judge misapplied the doctrine of cause of action estoppel and erred in finding their action unnecessary, scandalous, frivolous, or vexatious.
• The appellants argued the judge failed to recite the relevant legal threshold and improperly struck the action as an abuse of process.
• The respondents, 1125003 B.C. Ltd. (doing business as Home Buyers Group), Marijana Harasemljuk Zavier, Andrew Rezmer, Christian Saxvik, and Odin Zavier, argued the appellants’ claims duplicated those in an earlier action (the "229 Action").

Court’s Decision:

• The court dismissed the appeal, upholding the lower court’s decision to strike the pleadings under Rule 9-5(1) of the Supreme Court Civil Rules as an abuse of process.
• The court found the claims in the 806 Action were nearly identical to those in the 229 Action, involving the same facts, evidence, and relief sought.
• The judge did not misapply cause of action estoppel but struck the claim solely on the basis of abuse of process.

Costs/Award: The document did not specify the total amount of costs or any award in favor of the successful party, as the focus was on procedural dismissal rather than financial judgment.