What is the effect of estoppel on a plaintiff in res judicata?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan VR 2266 v. 228 Chateau Boulevard Ltd., 2020 BCCRT 998 (CanLII):
55. The doctrine of res judicata includes issue estoppel and cause of action estoppel. Issue estoppel prevents a party from raising an issue that was already decided in a previous proceeding. Cause of action estoppel prevents a party from pursuing a matter that was, or should have been, the subject of a previous proceeding (see Erschbamer v. Wallster, 2013 BCCA 76).
56. Issue estoppel occurs where the same question was previously decided in a final judicial, or tribunal, decision, and the parties in both decisions were the same (see Tuokko v. Skulstad, 2016 BCSC 2200).
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