Is cause of action estoppel applicable?
British Columbia, Canada
The following excerpt is from Erschbamer v. Wallster, 2013 BCCA 76 (CanLII):
The defendant argues cause of action estoppel is inapplicable because the causes of action in the two proceedings are separate and distinct. She also points to the decision of this Court in Mohl v. University of British Columbia, 2006 BCCA 70, 265 D.L.R. (4th) 109, and says that cause of action estoppel is inapplicable because the nature of the two proceedings is fundamentally different.
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