Can a new action be brought against the same parties in the same cause of action?
British Columbia, Canada
The following excerpt is from Van Deventer v. Van Deventer, 2000 BCSC 912 (CanLII):
Even if the same cause of action is being presented it may be allowed in some circumstances. In Doering v. Grandview (Town), 1975 CanLII 16 (SCC), [1976] 2 S.C.R. 621 Ritchie J. said that the new action was permissible only if there was some new fact which totally changed the aspect of the case and if that fact was not known before and could not have been known by reasonable diligence.
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