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Civil practice and procedure
Nature and characteristics
Nature and characteristics
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Can a plaintiff pursue specific performance after electing and taking judgment for damages?
Can an action be struck on a Rule 21 motion on the basis of res judicata, where it is identical to previous litigation on the exact same matter which was dismissed for delay on the part of the plaintiff's counsel?
Does an arbitrator under the Arbitration Act have exclusive jurisdiction to provide remedies in motor vehicle accident claims? Insofar as matters have been arbitrated or litigated, is the plaintiff barred from relitigating these matters based upon the doctrines of res judicata or issue estoppel?
Does issue estoppel automatically apply if the issue at bar has been decided by an administrative tribunal or court?
Does not including a defendant in a first, prior court action defeat a second, subsequent court action by the same plaintiff, with similar facts, by reason of res judicata?
Does pre-judgment interest accumulate on an equalization payment owed due to divorce, and if so, from what date and at what rate is it calculated?
Does res judicata apply to consent judgments?
Does the Financial Services Commission have exclusive jurisdiction to provide remedies in motor vehicle accident claims? Insofar as matters have been arbitrated or mediated by the Financial Services Commission or litigated in Small Claims Court, is the plaintiff barred from relitigating these matters based upon the doctrines of res judicata or issue estoppel?
Following a judicial determination of testamentary incapacity, is a beneficiary designation that was made after the execution of the invalid will, also invalid on the grounds of issue estoppel.
If an action by a plaintiff to obtain coverage and indemnity from their insurer (where the insurer has denied coverage on grounds of breach of the policy of insurance) proceeded before a tort action that gave rise to the need for coverage, there would presumably be a determination regarding the breach of the policy. Would such a determination in an action for coverage create an issue estoppel with regard to the tort action?
Insofar as matters have been arbitrated or litigated, is the plaintiff barred from relitigating these matters based upon the doctrines of res judicata or issue estoppel?
Is a plaintiff who dropped a case against a defendant, on consent, in one jurisdiction, prevented on the basis of res judicata, issue estoppel or abuse of process, from commencing a similar claim in another jurisdiction when the action is based on the same underlying facts, albeit with different relief requested?
Is it possible to force a party to rely on a money judgment previously endorsed on consent? Can the applicant put forth a motion to be appointed the new estate trustee?
Is the plaintiff in a sexual assault action entitled to pre-judgment interest on the damages award? In particular, how has the phrase when the “cause of action arose” in terms of ss. 128 and 130 of the Courts of Justice Act been interpreted by the courts?
Is the plaintiff in a sexual assault action entitled to pre-judgment interest on the damages award? In particular, how has the phrase when the “cause of action arose” in the Alberta Judgment Interest Act been interpreted by the courts?
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Amending or varying
Ex parte orders
For relief other than relief claimed
Interest on judgments
Res judicata and issue estoppel