Law360 Canada ( May 12, 2023, 5:39 AM EDT) -- Appeal by Skymark Finance Corporation (“Skymark”) from dismissal of an action for abuse of process based on Skymark’s failure to disclose a settlement agreement. Skymark argued that the motion judge erred in concluding the Minutes of Settlement changed the entire litigation landscape. Skymark commenced the Main Action against the Smith Defendants, the Korman Defendants, the Clement Defendants and the Government of Ontario (“Ontario”) alleging the Smith Defendants engaged in a fraudulent course of conduct to deceive Skymark. Furthermore, it alleged negligence against the Korman Defendants for failing to forward the initial Acknowledgement and Direction to the Ministry of Finance (“MOF”). It also alleged negligence against the MOF for returning the deposit money to the Clement Defendants and against the Clement Defendants for its handling of the Letter of Direction and the release of funds to the Smiths. Skymark took steps to resolve the Mortgage Action. Skymark and Smith executed the Minutes of Settlement in the Mortgage Action. The Minutes of Settlement were disclosed roughly eight months after they were entered into. The Clement Defendants, the Korman Defendants and Ontario moved to stay the action as an abuse of process. The motion judge allowed the motion to stay proceedings. He found that the Minutes of Settlement changed the entire litigation landscape....