Does res judicata preclude parties from re-litigating an issue that has been decided on the merits?
Canada (Federal), Canada
The following excerpt is from Régie des rentes du Québec v. Canada Bread Company Ltd., [2013] 3 SCR 125, 2013 SCC 46 (CanLII):
Once all avenues of appeal have been exhausted, the authority of res judicata applies to preclude parties from re-litigating an issue that has been decided on the merits. This is so even if the legislature has changed the law retroactively and, as a result, the final judgment now contains an error in law. Indeed, “the authority of res judicata exists even when there is an error in the judgment” (Roberge v. Bolduc, 1991 CanLII 83 (SCC), [1991] 1 S.C.R. 374, at p. 403).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will we abstain from deciding on constitutional issues until the state courts can decide the constitutional issues? (MultiRegion, United States of America)
Does a district court have the authority to proceed to the merits of an appeal where procedural issues are more complex than the merits issue? (MultiRegion, United States of America)
In deciding a motion to dismiss for failure to exhaust, can a court look beyond the pleadings and decide disputed issues of fact? (MultiRegion, United States of America)
What is the burden of proving that the issue whose relitigation was actually and necessarily decided in a second trial? (MultiRegion, United States of America)
Is a passport issued by the issuing of a passport in a foreign country conferred nationality on the person to whom it was issued? (Canada (Federal), Canada)
What is collateral estoppel and res judicata when a final judgment on the merits of a claim is made against the same party? (MultiRegion, United States of America)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
Does the "law of the case" doctrine preclude a court from reexamining an issue previously decided by the same court in the same case? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
Is there any case law in which the court has found that if a party is not moving, can the nonmoving party continue to sue the moving party? (MultiRegion, United States of America)
