The chambers judge recognized that res judicata encompasses both cause of action estoppel (where the second matter was or should have been the subject of the previous proceeding) and issue estoppel (where an issue has already been decided in a previous proceeding), citing Erschbamer v. Wallster, 2013 BCCA 76 at para. 12. He also referred to the correct criteria for cause of action estoppel set out in Cliffs Over Maple Bay at para. 28. It is only the third criterion that is in issue in this appeal: that “[t]he cause of action and the prior action must not be separate and distinct”.
"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.