Does res judicata apply to bar a plaintiff from asserting a different cause of action in contract rather than tort?
Ontario, Canada
The following excerpt is from 1420041 Ontario v. 1 King West, 2015 ONSC 252 (CanLII):
In Boardman v. Pizza Pizza Ltd, [2002] O.T.C. 437, [2002] O.J. No. 2553 (S.C.) at para. 43, the court held that res judicata applied to bar the plaintiff from asserting a different cause of action, namely in contract rather than tort, because he sought, on the same factual matrix, a remedy analogous to that which had already been sought and dismissed on a previous summary judgment motion.
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