Eisnor v. T-Mac Construction Ltd.,

Eisnor v. T-Mac Construction Ltd.,

The claim is dismissed because the issues now advanced arise from the same contract and scope of work already adjudicated by Adjudicator Walker and addressed on appeal; the prior final decision between the same parties bars re-litigation under the doctrine of res judicata, and Tom MacDonald is not personally liable as he acted for his company.

Citation
2018 NSSM 39
Parties
Claimant: Deborah Eisnor; Defendant: T-Mac Construction Ltd.; Defendant: Tom MacDonald
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 March 2018
Procedural Posture
Small Claims Court / Decision (dismissal)
Outcome
Claim dismissed
Legal Topics
Res Judicata, Issue Estoppel, Cause of Action Estoppel, Negligent Workmanship, Appeal, Dismissal
Source Language
English
Res Judicata Contract Negligence Civil Procedure Issue Estoppel Cause of Action Estoppel Negligent Workmanship Appeal +1 more

Case Brief

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Parties

Deborah Eisnor

Claimant

T-Mac Construction Ltd.

Defendant

Tom MacDonald

Defendant

Procedural Posture

Small Claims Court / Decision (dismissal)

Legal Issues

  1. 1 Whether the claimant's new claim is barred by res judicata
  2. 2 Whether Tom MacDonald is personally liable for the work performed by T-Mac Construction Ltd.
  3. 3 Whether the alleged defects and overcharging could have been raised in the prior proceeding

Ratio Decidendi

The claim is dismissed because the issues now advanced arise from the same contract and scope of work already adjudicated by Adjudicator Walker and addressed on appeal; the prior final decision between the same parties bars re-litigation under the doctrine of res judicata, and Tom MacDonald is not personally liable as he acted for his company.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in its entirety
  • Claim against Tom MacDonald dismissed in his personal capacity