Discontinuance and Withdrawal (r. 23)

Stay/Dismiss Vexatious Matters (r. 2.1)

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  2.1.01(1) “court” (judge/master) itself may stay or dismiss a proceeding that appears frivolous on its face
  
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  Cite also CJA s.140
  
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  Compare to 21.01(3)(d)
  
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  Only one that isn’t by motion
  

RES JUDICATA

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  Definition: A “thing or matter settled by judgment” (Black’s Law Dictionary)
  
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  Form of estoppel
  
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  Provides closure
  

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  Can’t litigate a point more than once (if it’s already been decided)
  
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  Put “best foot forward”, only entitled to “one bite at the cherry” (Binnie J. in Danyluk, referenced in Penner)
  
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  Two basic types
  
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    Cause of action estoppel: e.g. can’t argue defendant’s fiduciary duty twice if the cause of action has already
    

been decided

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  Issue estoppel: element of a claim or allegation that’s already been decided (Penner)
  

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