Can issue estoppel prevent parties from re-litigating issues previously decided in another court proceeding?
Ontario, Canada
The following excerpt is from Currie v. Greater Sudbury (Police Services Board), 2019 ONSC 5129 (CanLII):
Issue estoppel precludes the re-litigation of issues previously decided in another court proceeding. For issue estoppel to be successfully invoked, a party must show that the issue was the same as one decided in a prior final court decision and that it involved the same parties: Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, at para. 25.
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