The Second Opinion: The BCCA Explores The Outer Limits Of "Abuse Of Process By Re-Litigation"

In a recent ruling, Bronson v. Tompkins Ranching Ltd. , 2013 BCCA 477, the British Columbia Court of Appeal addressed one of the more difficult questions that can emerge from the application of the doctrines of res judicata and abuse of process.

It is clear that, depending on the facts at issue, both res judicata and abuse of process can be used in a second action to prevent a person (Party A) — who was a party to a first action — from re-litigating issues of fact or law which were conclusively determined in that first action.  More specifically:

1. Res Judicata:  A second person (Party B) who was a party to both the first and second actions can use the doctrine of res judicata (either issue estoppel or cause of action estoppel) to prevent Party A from re-litigating matters that were settled in the first action (to which Party A was a party).