Lifeview Emergency Services Ltd. v. Alberta Ambulance Operators' Assn.
T-1119-95
Rothstein J.
12/9/95
7 pp.
Application by six of defendants to have statement of claim struck out for abuse of process-Statement of claim in Court of Queen's Bench of Alberta showing same cause of action, loss arising out of conduct by defendants contrary to Part VI of Competition Act, namely conspiracy to restrain, injure competition unduly in ambulance services in Alberta-Alberta Ambulance Operators' Association and Carol Stewart applying successfully under Alberta Rules of Court, R. 244.1(1) for dismissal of Queen's Bench action-Queen's Bench action dismissed as related to Association and Stewart, discontinued against all remaining defendants-Plaintiff commencing present action under Competition Act, s. 36-Res judicata cannot be argued where no adjudication of merits of first action-Present action not attempting to circumvent R. 244.1(1)-If Federal Court has concurrent jurisdiction, second action could also be brought in this Court-No abuse of process in plaintiff commencing action in this Court-Application dismissed-Alberta Rules of Court, Alta. Reg. 390/68, R. 244.1(1) (as enacted by Alta. Reg. 160/93, s. 16; 234/94, s. 2)-Competition Act, R.S.C., 1985, c. C-34, s. 36.