PRACTICE |
Res Judicata |
Noade v. Blood Tribe Chief and Council
T-2243-95
2001 FCT 802, Dawson J.
17/7/01
12 pp.
Appeal from order of Prothonotary Hargrave dismissing plaintiff's motion for order compelling production of legal opinion of Eugene Creighton--Failure to reduce decision to writing in form of order, judgment not rendering decision nullity--Failure to observe normal requirements of Court's Rules undesirable as such failure likely to give rise to difficulties of sort encountered herein--Party should not be allowed to make successive efforts to relitigate issue not resolved to its satisfaction--Principle of finality of decisions central to proper administration of justice--On September 26, 1997, Court dealt with plaintiff's motion for production of legal opinion, dismissed motion--Failure to reduce decision to writing in form of order did not render decision nullity, did not preclude operation of principle of res judicata--Prothonotary erred in law in finding no order arising out of hearing of 1997 motion such that only appropriate course to rehear motion--Absence of written order not permitting party to relitigate identical interlocutory issue before different hearing officer--In absence of material change in circumstances, doctrine of res judicata applies in interlocutory context--All requirements of res judicata in form of issue estoppel met herein--To permit plaintiff to relitigate issue of producibility of legal opinion would be abuse of process--Plaintiff's motion dismissed.