What is the test for bringing a whole case before a judge?
Alberta, Canada
The following excerpt is from 385268 B.C. Ltd. v. Alberta (Treasury Branches), 2000 CanLII 28273 (AB QB):
In Henderson v. Henderson (1843), 3 Hare 100, at 125, it states: "… I state the rule of the court correctly when I say that, where a given matter becomes the subject of litigation in, and of adjudication by, a court of competent jurisdiction, the court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward …"
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