What is the test for estoppel on the facts?
British Columbia, Canada
The following excerpt is from S.M.J. v. R.H.C.W., 2003 BCSC 1870 (CanLII):
This line of reasoning was adopted in Brown v. Marwieh (1995), 39 C.P.C. (3d) 372 (N.S.C.A.), which appears to be the only Canadian case dealing explicitly with cause of action estoppel on the facts and the possibility of special circumstance exceptions to res judicata on those facts.
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