What is the test for res judicata?

British Columbia, Canada


The following excerpt is from Nguyen v. Insurance Corp. of British Columbia, 2003 BCSC 84 (CanLII):

The applicant/defendant, I.C.B.C., submitted that the matter was res judicata, relying on the decision of Chrisgian v. BC Rail, [1992] B.C.J. No. 1567. In that case, the issues had already been litigated to a conclusion. That is not the situation in this case. Here, the issues have not been litigated.

Other Questions


What is Res judicata and what is the effect of Res Judicata? (Ontario, Canada)
What is Res judicata and what is the effect of Res Judicata? (Saskatchewan, Canada)
Does res judicata apply to bar a plaintiff from asserting a different cause of action in contract rather than tort? (Ontario, Canada)
What is the test for res judicata? (Nova Scotia, Canada)
Is res judicata applicable to every point of the litigation? (British Columbia, Canada)
What is the test for estoppel in the context of the doctrine of res judicata? (Saskatchewan, Canada)
What is the test for res judicata? (Saskatchewan, Canada)
What are the factors required for res judicata to apply? (British Columbia, Canada)
Can a matter be res judicata on the basis of issue estoppel? (Ontario, Canada)
What is the test for exclusion of jurisdiction on the grounds of res judicata? (Saskatchewan, Canada)