What is the test for exclusion of jurisdiction on the grounds of res judicata?
Saskatchewan, Canada
The following excerpt is from Wahl v. Nugent (No. 3), 1924 CanLII 236 (SK QB):
The principles on which the plea is founded are stated in Langmead v. Maple, 18 C.B. (N.S.) 255, in the judgment of Willes, J., which has been repeatedly since cited with approval. He says, p. 270: I apprehend that if the same matter or cause of action has already been finally adjudicated on between the parties by a court of competent jurisdiction, the plaintiff has lost his right to put it in suit either before that or any other court. The conditions for the exclusion of jurisdiction on the ground of res judicata are, that the same identical matter shall have come in question already in a court of competent jurisdiction, that the matter shall have been controverted, and that it shall have been finally decided.
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