Is there any cause of action estoppel or breach of contract?
Alberta, Canada
The following excerpt is from Johnston v. Re/max Real Estate (Edmonton) Ltd., 2004 ABQB 212 (CanLII):
The defendants have also failed to prove that the Johnstons are precluded from bringing this action because of cause of action estoppel. The three parts of the issue estoppel test are embedded within the test for cause of action estoppel: Grandview v. Doering, 1975 CanLII 16 (SCC), [1976] 2 S.C.R. 621. Further, the causes of action are not the same. Breach of contract and the negligence of a realtor are unrelated. Consequently, any cause of action estoppel issue is moot given my issue estoppel findings. Issues
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