What is the test for res judicata in the context of a motion to have a second action brought against a municipality for damages arising from a dam being built in the area?
Prince Edward Island, Canada
The following excerpt is from Aluma Systems Canada Inc. v. Strait Crossing Inc., 1999 CanLII 4107 (PE SCTD):
The case of Town of Grandview v. Doering, 1975 CanLII 16 (SCC), [1976] 2 S.C.R. 621 is also instructive of the manner in which one is to deal with the doctrine of res judicata when confronted with a motion to have the second action stayed, or set aside. There, the respondent had sued the municipality in 1969 for damages to his lands and crops resulting from flooding in 1967 and 1968 allegedly caused by a dam earlier built by the municipality. The action was dismissed.
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