What is the test for res judicata in Newfoundland?

Newfoundland and Labrador, Canada


The following excerpt is from Bradbury v. Carbonear (Town), 2019 NLSC 1 (CanLII):

The leading decision from this Province dealing with the doctrine of res judicata is Quinlan v. Newfoundland (Minister of Natural Resources), 2000 NFCA 49. At paragraphs 6 and 7 of that decision, Green, J.A. noted that, subject to certain restrictive rules, a litigant ought not to be able to retry a cause of action, or to claim any relief flowing from that cause of action, that has already been litigated between the same parties or those with whom they have privity. The principles underlying this doctrine are the promotion of finality of litigation and the prevention of a multiplicity or fragmentation of proceedings.

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