Patrick Street Holdings Ltd. v. 11368 NL Inc.

canada, canadian, case law, court opinion, canlii, csc-scc, 2026scc15, 2026 scc 15 (canlii), 2026, scc, 15, (canlii), 41296, 2026, procedure, civil procedure, res judicata, cause of action estoppel, power of sale accounting, whether the appellant is barred from relitigating entitlement to payment under the $4 million mortgage, finality and fairness, litigation in installments, henderson v. henderson, grandview v. doering, danyluk v. ainsworth technologies inc., appeal dismissed, procedure, pleadings, res judicata, obligation to plead and raise at first instance, fact pleading and procedural fairness, whether material facts were pleaded and the doctrine raised where there was an opportunity, written submissions, appended prior decisions, oral submissions transcript, notice and no surprise, obligation satisfied, appeal dismissed, procedure, estoppel, cause of action estoppel, judicial accounting, whether cause of action estoppel precludes a renewed entitlement claim under the $4 million mortgage, validity, value, and priority of encumbrances as the subject matter, prior decision final and upheld on appeal, defence barred, appeal dismissed, procedure, estoppel test, cause of action, reasonable diligence, whether the later basis for entitlement was argued or could have been argued in the earlier applications, clause (h) default theory and affidavit evidence before the application judge, requirement to bring forward whole case, new theory captured by estoppel, appeal dismissed, procedure, discretion, injustice, summary procedures, whether discretion should be exercised exceptionally to decline cause of action estoppel, prudence in applications and matters within the contemplation of the parties, no procedural unfairness and full opportunity to litigate, discretion not exercised, appeal dismissed