Thursday, May 5, 2011

Issue estoppel

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.
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2 comments:

  1. sassyMay 5, 2011 at 2:34 PM

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  2. sassyMay 5, 2011 at 2:34 PM

    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?

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