Citation: Nova Scotia (Attorney General) v. Merriam, 2003 NSCA 111
Date: 20031021
Docket: CA196828
Registry: Halifax
Between: The Attorney General of Nova Scotia
Appellant
v.
Thomas G. Merriam Respondent
Judge: Roscoe, J.A.
Appeal Heard: October 16, 2003
Subject: Civil Procedure Rule 14.25, application to strike out statement of claim, res judicata
Summary: The respondent, a former civil servant, in an action commenced in 2001, claimed to be entitled to a deputy minister’s pension. In a previous action commenced in 1994 he had claimed entitlement to a longer period of accrual of pensionable service. That action was settled by consent in 1996. In an application pursuant to Rule 14.25, the Province claimed that the current action was barred by the application of the doctrine of res judicata. The Chambers judge dismissed the application.
Issues: Did the Chambers judge commit reversible error?
Result: Appeal dismissed. Whether the claims actually made or which should have been made in the first action, are the same as those now advanced, and whether the 1996 release is sufficiently broad that it should be found to preclude the present action, are complex issues. It is far from obvious whether either res judicata or issue estoppel ought to apply, and the determination should not be undertaken summarily or without a full factual record, including examination and cross examination of the respondent.
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