What is the test for estoppel to prevent a litigant from pursuing a claim in Res judicata?
British Columbia, Canada
The following excerpt is from Khan v. Shore, 2015 BCSC 830 (CanLII):
Res judicata today comprises both cause of action estoppel and issue estoppel, described in Erschbamer v. Wallster, 2013 BCCA 76 at para. 12: In brief terms, issue estoppel prevents a litigant from raising an issue that has already been decided in a previous proceeding. Cause of action estoppel prevents a litigant from pursuing a matter that was or should have been the subject of a previous proceeding. If the technical requirements of issue estoppel or cause of action estoppel are not met, it may be possible to invoke the doctrine of abuse of process to prevent relitigation of matters.
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