By Stephen G. Ross and Ankita Abraham,
Student-at-Law
The Ontario Court of Appeal recently dismissed an appeal brought
by the plaintiff, Catalyst Capital Group Inc., which stemmed from a
series of lawsuits arising from the plaintiff's attempted
purchase of Wind Mobile Group from VimpelCom Ltd. in 2014.1
This is an interesting case as the Court considered a number of
legal concepts such as issue estoppel, cause of action estoppel and
abuse of process. The Court also commented on two other
propositions – what is considered "obiter"
and what is the scope of appellate review – which
were somewhat surprising in nature.
What follows is a brief summary of the decision and commentary
on the two legal principles of what is "obiter"
and the scope of appellate review.
