
Episode #28
28. Patrick Street Holdings: No do-overs!
May a party to a lawsuit have a second chance to make an argument it previously failed to advance? In Patrick Street Holdings Ltd. v. 11368 NL Inc., the Supreme Court of Canada reaffirmed an important principle: litigants generally must put their best case forward the first time. Adam Goldenberg speaks with McCarthy Tétrault litigation partner Kosta Kalogiros about the decision, the doctrine of res judicata, cause of action estoppel, and the practical lessons it offers litigants and counsel.


