Executive Summary: Key Legal and Evidentiary Issues

• Éric Graf sought dismissal of an action on account based on res judicata under article 168 of the Code of Civil Procedure.
   
• The plaintiff, 9461-8683 Québec inc., had claimed payment for renovation work performed at a Beaconsfield property.
   
• Renate Heidersdorf and Graf had previously obtained a judgment in a separate proceeding fixing the value of that work at $6,684.07.
   
• Counsel for both parties agreed that a pending retraction appeal would determine whether that earlier judgment carried res judicata effect.
   
• Since the Court dismissed 9461 inc.'s retraction appeal on the same day, the earlier judgment became final and binding between the parties.
   
• Ultimately, the Court granted the plea of inadmissibility and dismissed the action on account.
   

Facts of the case

On April 13, 2026, 9461-8683 Québec inc. (doing business as "Toiture No Problem") served an action on account against Éric Graf, seeking payment of an invoice dated July 17, 2024, for renovation work performed on a building located at 480 Beaconsfield Boulevard in Beaconsfield. On May 26, 2026, Graf, through counsel, gave notice of a plea of inadmissibility under the first paragraph of article 168 of the Code of Civil Procedure, arguing that the matter was already settled by res judicata. He relied on a February 17, 2026 judgment in a separate file, No. 500-22-287946-258, in which he and his spouse, Renate Heidersdorf, had sued 9461 inc. to establish the value of the work performed on the same building; that judgment fixed the value at $6,684.07.

Policy and legislative provisions at issue

The case turned on article 168, paragraph 1, of the Code of Civil Procedure, which allows a defendant to raise res judicata as a ground for inadmissibility of a claim. Graf argued that the February 17, 2026 judgment, once final, would bar 9461 inc. from relitigating the value of the same work in a new proceeding.

Reasoning and analysis

On the same day the plea of inadmissibility was argued, 9461 inc. also pursued an application to retract the February 17, 2026 judgment. Counsel for both sides agreed that if the retraction appeal failed, the earlier judgment would have the force of res judicata as between the parties to this proceeding. On July 29, 2026, the Court dismissed 9461 inc.'s retraction appeal, satisfying the condition the parties had agreed upon, so the earlier judgment stood as final.

Ruling and overall outcome

Because the retraction appeal was dismissed, the Court granted Graf's plea of inadmissibility and dismissed 9461-8683 Québec inc.'s action on account for cause of res judicata, with legal costs awarded against the plaintiff. The judgment does not specify a dollar amount for those costs.