What are the legal tests for res judicata?

29. I have considered whether the owner’s claims are res judicata (already decided by the tribunal or a court) and I find they are not. The tribunal chair set out the tests for deciding whether a claim is res judicata in Wong v. The Owners, Strata Plan LMS 2461, 2017 BCCRT 55. One of the key parts of those tests is that there must have been a final decision by a court or tribunal deciding the issue. The tribunal has never decided the issue of the hot tub noise nuisance raised by the owner. Thus, I conclude that this issue is not res judicata.