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 "good faith" in marriage law? (Newfoundland and Labrador, Canada)
What is the test for meeting a statutory time limit? (Newfoundland and Labrador, Canada)
What is the difference between duties owed to a corporation and the duty owed to shareholders? (Newfoundland and Labrador, Canada)
What is the scope of intervention of the Court of Appeal into an order of custody and child support following divorce? (Newfoundland and Labrador, Canada)
Does the state of mind of the accused affect the admissibility of a statement by the police? (Newfoundland and Labrador, Canada)
What are the elements of the tort of negligence? (Newfoundland and Labrador, Canada)
What is the test for establishing that a child has been found in breach of an interim order? (Newfoundland and Labrador, Canada)
Does the unconscionability doctrine require a resulting improvident bargain? (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.