Can a claim about chargeback be res judicata or estoppel?
British Columbia, Canada
The following excerpt is from Chen v. The Owners, Strata Plan NW 308, 2021 BCCRT 495 (CanLII):
16. I have considered whether this claim about the chargeback is res judicata (already decided), since it was the subject of a previous dispute. However, I find it was not. As summarized by the CRT chair in East Barriere Resort Limited et al v. The Owners, Strata Plan KAS1819, 2017 BCCRT 22, res judicata can arise in two ways. The first is cause of action estoppel, which stops someone from pursuing a matter that was or should have been the subject of a previous process. The second is issue estoppel, which stops someone from raising an issue that has already been decided in another process.
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