If a judgment is not a foreign judgment, can an estoppel be applied to an earlier judgment?
Manitoba, Canada
The following excerpt is from CLE Owners Inc. et al v. Wanlass et al, 2004 MBQB 43 (CanLII):
However, even if the earlier judgment is not a foreign judgment, it will not create an estoppel if the court did not have jurisdiction in a “domestic” sense, for example, where a statutory court exceeds the statutory limits on its jurisdiction (see e.g. Pong v. Quong, 1927 CanLII 475 (SCC), [1927] 3 D.L.R. 128 (S.C.C.)).
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