What is the test for res judicata in the context of a second action?
British Columbia, Canada
The following excerpt is from Speckling v. Labour Relations Board of British Columbia et al., 2005 BCSC 1406 (CanLII):
The court requires the parties to litigation to bring all their claims forward at the same time. The court will not, except in special circumstances, allow the same parties to open the same subject of litigation in respect of a matter which might have been brought in the first action, but was not brought forward or was omitted through negligence, inadvertence or accident. Res judicata applies not only to issues that were before the court, but also to issues which properly belonged to the subject of the litigation and which the parties could have brought forward: Henderson v. Henderson (1843), 67 All E.R. 313.
"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
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Can a notice of fast track action in form 61 form 61 constitute a "fast track action"? (British Columbia, Canada)
What is the standard of malice in the context of a defamation action? (British Columbia, Canada)
What is the test to determine whether a third party action should be heard separately or within the main action? (British Columbia, Canada)
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
Is a disciplinary action acceptable if it is within the range of fair and reasonable disciplinary action? (British Columbia, Canada)
Does the fact that an action is ultimately dismissed in its entirety have to be taken into account in the context of double cost calculations? (British Columbia, Canada)
How have special costs been awarded in civil actions where the purpose of the civil action was to silence public opposition? (British Columbia, Canada)
What is the difference between an action and a similar action? (British Columbia, Canada)
What is the burden of showing mitigation against a second husband in a personal injury action? (British Columbia, Canada)
