Is there estoppel where a Court of Appeal grants a new trial of an entire case without restriction?
British Columbia, Canada
The following excerpt is from H.S.S v S.H.D, 2021 BCSC 364 (CanLII):
I also agree that although there is no estoppel where a Court of Appeal grants a new trial of an entire case without restriction, the same is not true where a Court of Appeal, in granting a new trial, decides a substantive question in the litigation. That question is taken to have been conclusively determined between the parties for the purpose of the litigation: see MacKinnon v. National Money Mart Company, 2009 BCCA 103 at para. 78.
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