Welcome to resjudicata.ca!

This website is about the definitive treatise, The Doctrine of Res Judicata in Canada, 3rd ed. (LexisNexis, 2010, 587 pp.) by Donald J. Lange, B.A., LL.B., Ph.D. (Cantab.). The doctrine of res judicata is a fundamental litigation doctrine of the court system which enforces the rule of law that a person can only sue once for each case. The book is a comprehensive reference source for judges and counsel anaylzing the res judicata law of Canada from 1820 to 2010. It has been cited by courts and tribunals across Canada, including the Supreme Court of Canada on five occasions, and by all provincial courts of appeal and provincial trial courts and has been described as a "highly influential work...which is widely cited and generally relied upon as authoritative in Canadian Courts": Canadian Civil Procedure Law, 2nd ed. (LexisNexis, 2010) at 232.


In Burgess v. Canada (Royal Canadian Mounted Police), [2001] B.C.J. No. 2411 at par. 13, Brecknell J. stated:

. . . I would recommend to counsel the recent text of The Doctrine of Res Judicata in Canada by Donald J. Lange, published in September, 2000 by Butterworth's. In that text the author covers in great detail the history of, and the present state of, res judicata jurisprudence in Canada. I found this text of great assistance in dealing with this matter.

There are well over one hundred and fifty court references to the book, including:

        The Manitoba Court of Appeal has called it the "leading text." Glenko Enterprises Ltd. v. Keller, [2008] M.J. No. 65 (C.A.) at par. 30.

        The Newfoundland Court of Appeal has observed that "[t]he author, Donald Lange, did an exhaustive review of Canadian decisions over the last hundred or so years." Gough v. Newfoundland and Labrador, [2006] N.J. No. 6 (C.A.) at par. 49.

        The Alberta Court of Appeal has "relied heavily on Lange on Res Judicata in its analysis." Bank of Montreal v. Jarjoura, [2007] A.J. No. 1394 (Q.B.) at par. 183 referring to Ernst & Young Inc. v. Central Guaranty Trust Co. (2006), 397 A.R. 225 (C.A.).

        The Federal Court of Canada has called Lange "a well-respected author on the doctrine of res judicata." Thambituria v. Canada (Solicitor General), [2006] F.C. No. 750 (T.D.) at par. 34.

 

Donald Lange, an experienced civil litigator in practice for nearly 30 years, provides expert evidence, opinions, and co-counsel services to law firms across Canada on the doctrine of res judicata. Visit Donald's law firm website at www.donaldlange.com

 

 

 

 

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Last Updated: 09/06/10