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Commercial property commission claim may proceed despite prior Small Claims ruling.
The appellant challenged an order striking her action for real estate commission claims against a listing agent, a brokerage, and the brokerage's insurer.
The court held that the farm property commission claim was barred by the earlier Small Claims Court decision and that no viable claim lay against the insurer under s. 132 of the Insurance Act or the pleading rules.
However, the court found the motion judge erred in treating the commercial property commission claim as res judicata because the earlier decision had expressly excluded that claim from adjudication.
The statement of claim was struck, but leave to amend was granted solely for claims relating to the commercial property and any other properties to which the agreement might apply.
The court also fixed and varied costs, including a reduced costs award below and a modest appeal costs award to the self-represented appellant against one respondent.
