Today's decision in Wolfe v. Pickar, 2011 ONCA 347 sets out the requirements clearly:
... the three requirements for the application of the issue estoppel:
(1) the same question has been decided;
(2) the judicial decision which is said to create the estoppel was final; and,
(3) the parties to the judicial decision or their privies were the same persons as the parties to the proceedings in which the estoppel is raised or their privies.
2 comments:
I was led to believe that "estoppel" Certificates are now called "Status" Certificates, here in Ontario.
Is there a difference and if so, what is that difference?
Post a Comment