What is the test for a defendant to continue to be able to do so?
Ontario, Canada
The following excerpt is from Slaton v. Alphabytes Computer Corp., 2005 CanLII 21119 (ON SC):
The issues were squarely before the court. The issue was litigated and the defendant ought not to be able to do it again. If this were permitted, litigation would have no end, except where legal ingenuity is exhausted. It is a principle of law that this cannot be permitted, and there is abundant authority reiterating the principle. See Hoystead v. Taxation Commissioner, 1925 CanLII 607 (UK JCPC), [1926] A.C. 155 at 165-66.
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