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
Worldwide