Does the Agnew-Surpass and the Grewal cases apply?
British Columbia, Canada
The following excerpt is from Nesbitt Thomson Deacon Inc. v. Everett, 1989 CanLII 2763 (BC CA):
The Agnew-Surpass and the Grewal cases do not apply here for two reasons. The first is that in each case - as in Wood v. Luscombe, [1966] 1 Q.B. 169, [1965] 3 W.L.R. 998, [1964] 3 All E.R. 972 - the res, the thing actually and directly in dispute, had already been adjudicated upon by a competent court and the same evidence was involved.
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