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.

Other Questions


Does Rule 57.02(4)(c) of the Newfoundland Rules apply? (Newfoundland and Labrador, Canada)
What is the test for overturning an interim order made at an interim hearing? (Newfoundland and Labrador, Canada)
Is a portion of a personal injury award regarded as a matrimonial asset? (Newfoundland and Labrador, Canada)
What is the effect of striking the entirety of the entire action? (Newfoundland and Labrador, Canada)
Can estoppel apply in the municipal context? (Newfoundland and Labrador, Canada)
What are the implications of a long-term, long term relationship on the property of a person who is not in a marriage? (Newfoundland and Labrador, Canada)
What is the test for proportionality in disclosure of documents? (Newfoundland and Labrador, Canada)
What is the legal test for a union to meet the standard of good faith in representing employees? (Newfoundland and Labrador, Canada)
What is the test for a defamation claim against a newspaper? (Newfoundland and Labrador, Canada)
What is the impact of addiction on the sentence of a convicted drug offender? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.