Does the doctrine of res judicata or abuse of process apply?

Neither the doctrine of res judicata nor abuse of process has been pleaded by the plaintiff. Arguably this failure might prevent the application of either doctrine as the failure prevents an analysis of suitable averments of the precise matters in contestation in these proceedings so as to raise for adjudication the question of estoppel relied upon by the plaintiff (see Dhillon v. Dhillon, 2006 BCCA 524 at para. 22). But the Province does not insist upon such a pleading for the purposes of the application before me.