If an applicant succeeds in his res judicata application, does the application have grounds to stay the application?
Canada (Federal), Canada
The following excerpt is from Valle Lopes v. Canada (Citizenship and Immigration), 2010 FC 403 (CanLII):
Even if the applicant does not succeed in his res judicata application, the applicant submits that this inquiry was unfair and should be considered an abuse of process. Judges should use their discretion to stay proceedings where there is oppressive and unfair state decision making (see Connelly v. D.P.P., [1964] A.C. 1254, at page 1354).
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