In what circumstances will a former decree plead in bar of the action be dismissed?
Ontario, Canada
The following excerpt is from In the Matter of the Ontario Sugar Co., 1910 CanLII 16 (ON CA):
In Maharaja Jagatjit Singh v. Rajah Sarabjit Singh (1891), L.R. 18 Ind. App. 165, 176, Lord Hobhouse, dealing with the effect, under the provisions of the Indian Code to which I have referred, of a former decree pleaded in bar of the action, said: “And when a decree simply dismisses a suit, it is necessary to look at the pleadings and judgment to see what were the points actually heard and decided.”
"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
In what circumstances will a motion to dismiss an action be dismissed? (Ontario, Canada)
In what circumstances will Master Polika dismiss an action? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
In what circumstances will the court dismiss the Hanis action? (Ontario, Canada)
In what circumstances will the court be reluctant to dismiss a s. 7 claim at the pleadings stage? (Ontario, Canada)
In what circumstances will a judge dismiss an action against two defendants? (Ontario, Canada)
Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
In what circumstances will the late McDermid J., in the late 1990s, dismiss the Hanis action? (Ontario, Canada)
What is the pleading in pleading in a class action alleging misrepresentation in the secondary market? (Ontario, Canada)
