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The Doctrine of Res Judicata in Canada, 4th Edition

This book provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian civil law and jurisprudence.
Publication Language: English

Hardcover | 648 pages

In Stock
ISBN/ISSN: 9780433483502

Product details

This fourth edition is the most recent volume on the doctrine of res judicata by Canada's recognized legal scholar on the subject, Donald J. Lange. The text is the definitive resource on an important legal doctrine: why a person can only sue or be sued 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
  • Identifies and develops in detail the six essential estoppel doctrines

What's New in the 4th Edition

  • A review of over 2500 cases in preparation for the 4th edition
  • Two important decisions from the Supreme Court of Canada on res judicata: Figliola (2011) and Penner (2013). The court is divided over the policy of res judicata: fairness or finality. The court develops the Danyluk two-step analysis for issue estoppel in a tribunal-to-court context: what were the reasonable expectations of the parties in the tribunal proceeding?
  • Other new pronouncements by the Supreme Court of Canada: (1) res judicata and the impact of an appeal on the finality issue, (2) jury verdicts and issue estoppel, (3) what is a judicial decision (4) when is a lower court not bound by precedent and stare decisis
  • New pronouncements by provincial appeal courts: (1) no discretion in criminal law issue estoppel, (2) the difference between cause of action estoppel and the doctrine of merger, (3) the same question test is not determined on a balance of probabilities, (4) the policy ground for the new evidence exception
  • New topics discussed: (1) the doctrine of functus officio, (2) per incuriam judgments, (3) the application in Canada of the U.S. doctrine of judicial estoppel

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

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Table of contents

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