What are the elements of res judicata, issue estoppel, cause of action and abuse of process?
British Columbia, Canada
The following excerpt is from Horton v. Leonard, 2007 BCPC 48 (CanLII):
The concepts of res judicata, issue estoppel, cause of action estoppel, and abuse of process overlap. I will refrain from a lengthy discussion of these concepts. The most applicable in this case is issue estoppel. It arises where the same question has been determined with finality in another proceeding and the parties or their privies are the same in both proceedings: Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44. Persons who are privies have a mutual or a successive interest in something, usually property.
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