What is the test for estoppel to prevent a party from re-litigating a matter that has been judged with finality?
British Columbia, Canada
The following excerpt is from Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2014 BCSC 1281 (CanLII):
As summarised in Terry v. Bryson, 2014 BCSC 522, the primary doctrine used to prevent re-litigation of a matter that has been judged with finality is res judicata. Res judicata encompasses two separate doctrines: issue estoppel and cause of action estoppel. Issue estoppel prevents a party from raising an issue decided in a previous action, while cause of action estoppel prevents a person from pursuing a matter that was the subject of a previous proceeding. Each of the two branches of res judicata has three strict requirements. For issue estoppel the issue must be the same as the one decided in the prior decision; the prior judicial decision must have been final; and the parties to both proceedings must be the same, or their privies.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Issue estoppel prevent a party from re-litigating matters? (British Columbia, Canada)
What is the effect of a chambers judge's decision not to refer the matter to the Registrar rather than the chambers judge? (British Columbia, Canada)
Can a party unilaterally choose not to have a matter heard by a particular judge? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Does estoppel prevent parties from re-litigating the constituent issues or material facts necessarily embraced in a previous proceeding? (British Columbia, Canada)
Can a litigant invoke the doctrine of abuse of process to prevent relitigation of matters? (British Columbia, Canada)
Can New Town rely on the assertion by Van City in the Estoppel Certificate and correspondence between the parties that it had already exercised its first estoppel renewal in 2002? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
