In Boardman v. Pizza Pizza Ltd,  O.T.C. 437,  O.J. No. 2553 (S.C.) at para. 43, the court held that res judicata applied to bar the plaintiff from asserting a different cause of action, namely in contract rather than tort, because he sought, on the same factual matrix, a remedy analogous to that which had already been sought and dismissed on a previous summary judgment motion.
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