Is res judicata applicable to every point of the litigation?
British Columbia, Canada
The following excerpt is from Bryce v. Golam, 1997 CanLII 4347 (BC SC):
The plaintiff is correct in my view in arguing that the defendant's argument is also met in this case by the principle enunciated in Henderson v. Henderson (1843) [1843-60] All E.R. Rep. 378 that the plea of res judicata applies not only to points actually decided on the merits, but "to every point which properly belonged to the subject of litigation and which the parties, exercising reasonable diligence, might have brought forward at the time".
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is litigation privilege applicable to Crown counsel in the course of the prosecution? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
Does a judge have a duty to hear an application where the adjudicator of the application has been found in error? (British Columbia, Canada)
On an interim support application, can the court get bogged down with the merits of the application? (British Columbia, Canada)
Is there an alternative argument that the application of a law of general application to a particular group of Indians in a particular activity is legislation in their Indian-ness? (British Columbia, Canada)
Is there any case law that supports the argument that a plaintiff has reached a point in time past the point of payment of the required fees? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
What is the obligation of a firearms officer to contact the applicant before making a decision on a licence application? (British Columbia, Canada)
