The Doctrine of Res Judicata in Canada, 3rd Edition

The book's analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by courts and tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.

Publisher: LexisNexis Canada
Country: Canada
Format: Hardcover Book
Publication Language: English
ISBN: 9780433456537
Publication Date: 2010-08-30

				Price: $255.00

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Your Day in Court: The Definitive Text on the Doctrine of Res Judicata

This third edition is the most recent volume on the doctrine of res judicata by Canada's renowned legal scholar on this subject area, Donald J. Lange. This text is the definitive resource on an important legal doctrine - the principle that a person can only be sued (or criminally tried) once for each case.

The book's analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by courts and tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.

Topics Covered in This Book

Analyzes leading decisions from the Supreme Court of Canada and other Canadian courts on the interpretation and application of res judicata
Explores fully the criteria to establish the doctrines of issue estoppel, cause of action estoppel, and abuse of process by relitigation
Includes a signficant updated and revised discussion on the Supreme Court of Canada's recent recognition of the term "abuse of process by relitigation," a term coined by the author in the previous editions of this text
Describes in detail the newly revised and expanded five essential estoppel doctrines developed by the courts of Canada

New in This Edition

Extensive review of the law under vexatious proceedings legislation
A reconsideration of the estoppel effect of consent orders
New key principles section on the exercise of judicial discretion
New sections on security for costs and lawyer negligence
Discussion of a new leading Supreme Court of Canada decision in R. v. Mahalingan that establishes the importance of issue estoppel in criminal law
New case law analysis on the related doctrines of collateral attack and stare decisis, and on convictions admissable by statute

An Indispensable Tool For

Judges and tribunal officers when they exercise their discretion in the application of the estoppel doctrines
Civil litigators who advise clients whether or not cause of action estoppel applies to a second proceeding
Family lawyers who need to know when the estoppel doctrines apply to family property and custody disputes
Administrative lawyers who obtain a tribunal decision but are faced with a second tribunal proceeding for the same issue
Crown attorneys and criminal defence counsel who must consider the defence of issue estoppel and collateral attack

Chapter 1: The General Nature of Res Judicata
Chapter 2: Issue Estoppel
Chapter 3: Cause of Action Estoppel
Chapter 4: Abuse of Process by Relitigation
Chapter 5: Discretion and Special Circumstances
Chapter 6: Dispositions Without A Trial
Chapter 7: Specific Areas of the Law
Chapter 8: Related Doctrines

Donald J. Lange, B.A., LL.B., Ph.D. (Cantab.)

Donald J. Lange, B.A., LL.B., Ph.D. (Cantab.), of the Ontario Bar, is a lawyer and a scholar. He has practised exclusively in the area of civil litigation for nearly 30 years, appearing as counsel in many reported decisions. He is also a Deputy Judge of the Small Claims Court and, in that capacity, has rendered many reported judgments. Dr. Lange’s articles have also been published in leading periodicals such as the Canadian Bar Review and the Osgoode Hall Law Journal.

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