Is issue estoppel enforceable?
Ontario, Canada
The following excerpt is from Killeen v. Soncin Construction, 2013 HRTO 350 (CanLII):
As the respondent correctly points out, in order for the doctrine of issue estoppel to apply, the following three pre-conditions must be met: 1. the same question has been decided in an earlier proceeding; 2. the earlier judicial decision was final; and 3. the parties to that decision or their privies are the same in both proceedings. (Snow v. Honda of Canada Manufacturing, 2007 HRTO 45 at para. 41)
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