Hamilton Port Authority lawsuit thrown out of court as abuse of process
Stockwoods lawyer Brendan Van Niejenhuis successfully persuaded the court to quash a lawsuit commenced by the Hamilton Port Authority against a number of individuals and corporations involved in a now-defunct jet fuel terminal project. The Port Authority sought various orders amending the share register of the Corporation so as to activate an option the Port Authority had to purchase shares from an individual who had attempted to secure shares in the Corporation, but whose lawsuit had been dismissed for contempt of court orders in 2004. Acting on behalf of several shareholders of National Petroleum Products Corporation, Brendan advanced the argument that the Port Authority’s lawsuit was an abuse of process, as it attempted to relitigate the earlier dispute adjudicated by Mr. Justice Farley. Justice Hambly of the Superior Court of Justice accepted the argument that the new litigation was an abuse of process and quashed the Port Authority’s lawsuit.