What is the effect of res judicata on interlocutory applications?

British Columbia, Canada


The following excerpt is from Gubbels v. Fitterer et al, 2006 BCSC 795 (CanLII):

I acknowledge that the doctrine of res judicata does not apply to interlocutory applications. The court has some discretion, however, with respect to the application of the doctrine, and will generally apply it less stringently to interlocutory orders than to final orders. In particular, the rule in Henderson v. Henderson (1843), 3 Hare 100, 67 E.R. 313 (Ch.) that a party must bring forward "its full case" at one time is of limited application to interlocutory applications. Judicial efficiency, one of the foundations of the doctrine of res judicata, will often be well served by allowing interlocutory applications to deal with only small parts of a larger picture. He then went on to comment on the effect of a judge's intention to leave a matter open:

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