What is the effect of estoppel on a plaintiff's right to continue to pursue a cause of action?
Ontario, Canada
The following excerpt is from Hudspeth v Whatcott, 2017 ONSC 1708 (CanLII):
Res judicata, issue estoppel, and abuse of process, which are related and partially overlapping legal doctrines, are bars to litigation that preclude a party from re-litigating a claim, a defence, or an issue that has already been determined. Cause of action estoppel, which is a branch of res judicata, precludes a litigant from asserting a claim or a defence that: (a) it asserted; or (b) it had an opportunity of asserting and should have asserted in past proceedings, which is the rule from Henderson v. Henderson (1843), 67 E.R. 313, 3 Hare 100. Issue estoppel, another branch of res judicata, precludes a litigant from asserting a position that is inconsistent or contrary to a fundamental point already decided in a proceeding in which the litigant participated.
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