The moving parties sought to dismiss an application challenging a continuing power of attorney and seeking various related remedies on the basis of res judicata.
They argued that similar issues had already been raised in related proceedings and resolved through minutes of settlement.
The court held that the doctrine of res judicata requires a final judicial determination between the same parties or their privies, and that a private settlement agreement without a court order does not constitute such a determination.
Because the responding party was not a party to the settlement and no judicial decision resolved the issues, the prerequisites for cause of action estoppel or issue estoppel were not met.
The motion to dismiss the application was therefore denied.
