121) Thus, without the same parties being bound to the dispositif section of the judgment by the ICC, a finding by the ICC is unlikely to be prohibited under the doctrine of res judicata
4) See Donald J Lange, The Doctrine of Res Judicata
in Canada, 2d ed (Markham, Ont: Butterworths, 2004) at 4-10.
92) "The doctrine of res judicata
serves as claim preclusion to prevent relitigation of an issue actually litigated or which could have been properly raised and determined in a prior action.
4 ("Unpublished opinions issued on or after January 1, 1996, are not precedent, except under the doctrine of res judicata
, collateral estoppel or law of the case (or similarly to show double jeopardy, notice, sanctionable conduct, entitlement to attorney's fees, or the like).
Carr's] multiplication of suits all arising from the same dispute was classic claim splitting, which the doctrine of res judicata
The finality of the Supreme Court's judgment is precisely in the doctrine of res judicata
, putting a particular case to rest.
Those class members who do not opt out are bound, forever, by the terms of the settlement, even if they do not exercise those rights during the course of a settlement program, because future litigation of the claims resolved is barred by the doctrine of res judicata
Instead, the doctrine of res judicata
should apply as a defense to further litigation of the same issues.
178) The doctrine of res judicata
establishes no statute of limitations; it merely enforces a judicial decree from the time of the decree.
Nothing requires a plaintiff to sue prospective defendants simultaneously, If, however, a plaintiff has a number of claims against a single party, the doctrine of Res Judicata
will bar issues which could have been litigated between them but were not.