Accounting of sale proceeds prepared by mortgagee providing for payment of its mortgage ahead of other encumbrances — Accounting challenged by two encumbrancers — Application judge excluding mortgagee’s mortgage from accounting — Company bringing subsequent application for payment of residue from sale proceeds on basis of application judge’s previous decision on accounting — Mortgagee arguing that application judge in first proceeding had not definitively determined that it was not entitled to payment of its mortgage — Whether mortgagee barred by operation of cause of action estoppel from arguing in second proceeding that it is entitled to payment of its mortgage — Whether party has obligation to plead cause of action estoppel at first instance in order to rely on doctrine. — Appeal dismissed 05/08/2026 — Supreme Advocacy acted as agent for the Respondent.
Read the lower court decision from the NLCA here.
Read the full SCC decision here.