What is the pre-condition for issue estoppel?
British Columbia, Canada
The following excerpt is from Harbuz v. Capital Construction Supplies Ltd., 2013 BCSC 1624 (CanLII):
This pre-condition for issue estoppel has proven to be controversial, as reviewed by Mr. Justice Sigurdson in Giles v. Westminster Savings Credit Union, 2006 BCSC 1600 at paras. 35 - 41. Sigurdson J. reached the conclusion that a pending appeal does not satisfy the element of finality.
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