What is the test for estoppel in Res judicata?

Alberta, Canada


The following excerpt is from Kwan v. Superfly Inc., 2011 ABQB 343 (CanLII):

In Bank of Montreal v. Cochrane, 2011 ABQB 259 at para. 7 Justice Kent wrote: Res judicata has two arms: issue estoppel and cause of action estoppel. Although they are rooted in the common law, they are like equitable doctrines because the concepts of fairness, equity and justice are central to their application.

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