Does the principle of res judicata apply when one party has brought a new cause of action against the same party?
Alberta, Canada
The following excerpt is from Parisian Fashions Ltd. v. Petrus, 1996 CanLII 10536 (AB QB):
This is not a case where one party has brought an action against the same party claiming a new cause of action had arisen by virtue of having discovered new evidence, such as occurred in Doering v. Grandview (Town). Both this cause of action (upon the waste covenant) and the foreclosure are under the same contract. But that is where any similarity ends. The principle of res judicata is, therefore, not applicable.
"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
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
Does the principle of common law apply in medical malpractice actions? (Alberta, Canada)
What is the basis for the principle that a person who is not a party to the same type of accommodation as a party is entitled to a similar accommodation? (Alberta, Canada)
Does s.24(1) of the Criminal Code apply to a civil forfeiture action brought by the Minister of Justice? (Alberta, Canada)
Does the mandatory term “shall” apply to corollary relief actions in divorce actions? (Alberta, Canada)
Does the discoverability rule of limitations apply to the discoveryability of a cause of action? (Alberta, Canada)
Does the multiplicity principle apply to an action against a lawyer? (Alberta, Canada)
Does third party notice disclose a cause of action? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
