What is the test for res judicata, issue estoppel and abuse of process?
Ontario, Canada
The following excerpt is from Pennyfeather v Timminco Limited, 2016 ONSC 3124 (CanLII):
As the discussion below will reveal, in the contest between the parties about res judicata, issue estoppel, and abuse of process, there is no real dispute about the general principles. Where the parties differ is about the application of the principle from Henderson v. Henderson (1843), 67 E.R. 313, 3 Hare 100, which is authority for the proposition that a final decision of the court bars re-litigation of not only what was decided but also what could and should have been decided by the court.
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