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PODCAST · 28 JULY 2026

Appealing Briefs – Episode 28: Patrick Street Holdings: No Do-overs! (Podcast)

McCarthy Tétrault
McCarthy Tétrault
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The Supreme Court of Canada has reaffirmed a fundamental principle in Patrick Street Holdings Ltd. v. 11368 NL Inc.: litigants must present their strongest arguments at the first opportunity. McCarthy Tétrault partner Adam Goldenberg explores this landmark decision with litigation partner Kosta Kalogiros, examining the doctrine of res judicata and cause of action estoppel.

CanadaLitigation, Mediation & Arbitration
Canadian Appeals Monitor
Canadian Appeals Monitor
Adam Goldenberg
Adam Goldenberg
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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.

Transcript

Adam Goldenberg

Welcome to Appealing Briefs, a podcast with brief updates on cases from Canada's Courts of Appeal. I'm Adam Goldenberg. This episode briefs you on the Supreme Court of Canada's May 2026 judgment in Patrick Street Holdings Limited against 11368 NL incorporated. We'll talk about what the court's decision means for the law of res judicata, and why it matters for anyone who starts a civil lawsuit in a Canadian court.

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