What is the test for estoppel to prevent a party from re-litigating a matter that has been judged with finality?
British Columbia, Canada
The following excerpt is from Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2014 BCSC 1281 (CanLII):
As summarised in Terry v. Bryson, 2014 BCSC 522, the primary doctrine used to prevent re-litigation of a matter that has been judged with finality is res judicata. Res judicata encompasses two separate doctrines: issue estoppel and cause of action estoppel. Issue estoppel prevents a party from raising an issue decided in a previous action, while cause of action estoppel prevents a person from pursuing a matter that was the subject of a previous proceeding. Each of the two branches of res judicata has three strict requirements. For issue estoppel the issue must be the same as the one decided in the prior decision; the prior judicial decision must have been final; and the parties to both proceedings must be the same, or their privies.
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