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Statutory Interpretation - "Cause of Action". Patrick Street Holdings Ltd. v. 11368 NL Inc.
In Patrick Street Holdings Ltd. v. 11368 NL Inc. (SCC, 2026) the Supreme Court of Canada considered 'cause of action estoppel'.
Here the court considers the meaning of 'cause of action':(a) Defining a “Cause of Action”
[71] A cause of action has been variously defined as a set of facts that provides the basis for an action or as a factual situation entitling a person to relief (Markevich v. Canada, 2003 SCC 9, [2003] 1 S.C.R. 94, at para. 27, citing Letang v. Cooper, [1964] 2 All E.R. 929 (C.A.); Cahoon v. Franks, 1967 CanLII 77 (SCC), [1967] S.C.R. 455, at p. 459; Air Canada v. McDonnell Douglas Corp., 1989 CanLII 54 (SCC), [1989] 1 S.C.R. 1554, at p. 1564). In Danyluk, this Court defined a cause of action as “every fact which it would be necessary for the plaintiff to prove, if disputed, in order to support his or her right to the judgment of the court” (para. 54, citing Poucher v. Wilkins (1915), 1915 CanLII 514 (ON CA), 33 O.L.R. 125 (C.A.)).
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