What are the factors required for res judicata to apply?
British Columbia, Canada
The following excerpt is from David et al. v. Her Majesty the Queen in Right of Canada et al., 2004 BCSC 1306 (CanLII):
The full list of the factors which must be satisfied in order for the doctrine of res judicata, or, in this case, the sub-category of issue estoppel, to apply are set out by the learned authors at para. 19.53. D.M. Smith J. in Paterson v. Reeves, 2002 BCSC 1341, set these out at para. 15:
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