Is cross estoppel consistent with merger?
Alberta, Canada
The following excerpt is from Malcolm v. Carr, 1997 ABCA 202 (CanLII):
Furthermore, one would think that the cross estoppel should involve some state of affairs inconsistent with merger. But a parallel action pending is not so inconsistent with merger. Merger occurs whether the second action was commenced before or after the plaintiff took judgment in the first action: Maynard v. Maynard, supra, at 359-60 (and cases there cited).
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