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The Doctrine of Res Judicata in Canada 4th Edition

The Doctrine of Res Judicata in Canada 4th Edition

Author: Donald J. Lange
Publisher: LexisNexis Canada
ISBN: 9780433483502

Previous Edition ISBN: 9780433456537
Published In: June 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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

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