What is the test for a plea of res judicata?

British Columbia, Canada


The following excerpt is from Dempsey et al. v. Envision Credit Union et al., 2006 BCSC 750 (CanLII):

In Henderson v. Henderson, 3 Hare 100, 114 to 115, cited in Samos, the plea of res judicata was discussed. In trying this question, I believe I state the rule of court correctly, when I say, that where a given matter becomes the subject of litigation in, and of adjudication by, a court of competent jurisdiction, the court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence, inadvertence, or even accident, omitted part of their case. The plea of res judicata applies, except in special cases, not only points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, 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.

Other Questions


What is the effect of Res judicata on an issue that has been decided? (British Columbia, Canada)
What is the difference between the two branches of res judicata? (British Columbia, Canada)
Does res judicata cover estoppel? (British Columbia, Canada)
What is the test for res judicata? (British Columbia, Canada)
What is the effect of res judicata on interlocutory applications? (British Columbia, Canada)
What is the effect of estoppel on a plaintiff in res judicata? (British Columbia, Canada)
Is res judicata applicable to every point of the litigation? (British Columbia, Canada)
What are the factors required for res judicata to apply? (British Columbia, Canada)
Can a claim about chargeback be res judicata or estoppel? (British Columbia, Canada)
What is the case law on res judicata and abuse of process? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.