Does estoppel from a prior proceeding apply?
Ontario, Canada
The following excerpt is from Amyotrophic Lateral Sclerosis Society of Essex, 2017 ONCA 555 (CanLII):
Stoiantsis v. Spirou, 2008 ONCA 553 (CanLII), 91 O.R. (3d) 184, a decision relied on by the appellants, involved an order that determined a preliminary factual matter in a medical malpractice action. Although the issues in the action were only partially resolved, the order was final because its effect was to deprive the defendants of a defence that could have been determinative of the entire action. Similarly, in Almrei v. Canada (Attorney General), 2011 ONCA 779, 345 D.L.R. (4th) 475, also referred to by the appellants, the finding, in a summary judgment motion, that issue estoppel from a prior proceeding did not apply, deprived the appellant of a substantive right that could have been entirely determinative of the defendant’s liability.
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