What is the test for res judicata or estoppel?
Manitoba, Canada
The following excerpt is from Loewen v. Reimer (Trustee of), 1991 CanLII 12055 (MB QB):
I therefore conclude that the situation before me falls within the first requirement as stated by Mr. Justice Dickson (as he then was) in Angle v. Minister of National Revenue [1975] 2 S.C.R. 248; 2 N.R. 397, namely: that the same question has to be decided in order that res judicata or estoppel can apply.
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