Does res judicata apply to a dismissal for want of prosecution?
British Columbia, Canada
The following excerpt is from Premium Brands Operating GP Inc. v. Turner Distribution, 2010 BCSC 258 (CanLII):
Similarly, res judicata does not apply to a dismissal for want of prosecution: Azeri v. Esati-Seifabad, 2009 BCCA 133 at para. 51, per Frankel J. A., dissenting.
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