"Res Judicata" Explained

"Res Judicata" Explained

 

By Brian Madigan LL.B.

(Ontario Real Estate Source)

The expression "res judicata" is a latin legal term which may be translated as "already decided" or "the matter has been ajudicated".

The doctrine of "res judicata" has its origins in the common law, and is part of the laws of evidence in common law jurisdictions. Since it is a rule of evidence which is a procedural law, the precise meaning can vary from one jurisdiction to another.

However, in its simplest terms it prevents the same issue from being litigated by the same parties over and over. Once there is a final determination, then that's it. The issue is finished for once and for all.

Of course, the issue is subject to appeal, but when all appeals have been exhausted, then the issue as it stands between the parties is finished.

The Justice Rogers for the Court (Superior Court of Ontario) in Durham Children's Aid Society and R.B explained:

"Res judicata is a longstanding rule of evidence. The purpose of the doctrine is twofold:

1) That public policy requires there be an end to litigation and

2) That no individual should have to meet the same cause twice. If there is a final judicial decision on an issue that was fundamental in a case, the same parties cannot litigate the same issue in a second case."

Another court indicated:

"Res judicata

· prevents a plaintiff from suing on a claim that already has been decided

· prevents a defendant from raising any new defense to defeat the enforcement of an earlier judgment

· precludes relitigation of any issue, regardless of whether the second action is on the same claim as the first one, if that particular issue actually was contested and decided in the first action"

In some jurisdictions, the doctrine is referred to as "claim preclusion" or "collateral estoppel".

The doctrine of res judicata is complex and far too detailed for an explanation here. For those who truly need to research the topic, Donald Lange has written a book entitled "The Doctrine of Res Judicata in Canada".

The doctrine has application in real estate matters. For example, the boundaries to a property once litigated are resolved as between the parties and their successors and assigns. So, a new neighbour doesn't get to sue again. He will be stuck with the decision.

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com