Does res judicata apply where the fundamental issue in the action has already been decided in a prior proceeding?
British Columbia, Canada
The following excerpt is from Alexander v Alexander, 2017 BCSC 914 (CanLII):
The doctrine of res judicata applies where a fundamental issue in an action has already been decided in a prior proceeding. See Tylon Steepe Homes and Mulcahy v. Farmers Insurance Co. of Washington, 2002 BCSC 1038.
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