Can the principles of res judicata and issue estoppel apply where the prior legally binding process is arbitration?

British Columbia, Canada


The following excerpt is from Vancouver Extended Stay Ltd. v. Schiavi et al, 2018 BCCRT 278 (CanLII):

18. In Loewen v. Manitoba Teacher’s Society, 2015 MCBA 13, the courts indicated that the principles of res judicata and issue estoppel can be applied where the prior legally binding process is arbitration.

Other Questions


What common law doctrines apply to issue estoppel, abuse of process and collateral attack? (British Columbia, Canada)
Does res judicata apply where the fundamental issue in the action has already been decided in a prior proceeding? (British Columbia, Canada)
What are the elements of res judicata, issue estoppel, cause of action and abuse of process? (British Columbia, Canada)
What are the legal principles involved in the issue of the issue at bar? (British Columbia, Canada)
What are the legal principles relevant to the issue of under employment? (British Columbia, Canada)
What are the legal principles that apply to a claim for loss of work capacity? (British Columbia, Canada)
What are the legal principles that apply to the determination of a claim for cost of future care? (British Columbia, Canada)
Does issue estoppel create unfairness through according preclusive effect to the results of a prior proceeding in a subsequent proceeding? (British Columbia, Canada)
What are the principles that apply to an application to reopen prior to judgment? (British Columbia, Canada)
What is the basis for the Improvement District of B.C. to rely upon the principle upon which it relies on the principle of proprietary estoppel? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.