Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances?
Saskatchewan, Canada
The following excerpt is from Eggum and Abrametz v. Cumberland House Development Corp., 1990 CanLII 7482 (SK QB):
I conclude that all of the issues can be tried in the first action since the two actions involve the same set of facts and claim similar relief out of the same circumstances. Commencement of the second action constitutes an abuse of the process of the court. I adopt the words of Kay, L.J., in Poulett v. Viscount Hill, [1893] 1 Ch. 277, where, at p. 282 he stated: "… When an action has been brought by which the plaintiff can recover everything to which he is entitled, he ought not to bring another."
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