What are the preconditions to the operation of issue estoppel?
Manitoba, Canada
The following excerpt is from New Directions for Children, Youth, Adults and Families Inc. et al. v. Rural Municipality of Springfield, 2013 MBQB 243 (CanLII):
Springfield asserts that the preconditions to the operation of issue estoppel have been met. They are: (i) that the same question has been decided; (ii) that the judicial decision which is said to create the estoppel was final; and, (iii) that the parties to the judicial decision or their privies were the same persons as the parties to the proceedings in which the estoppel is raised or their privies. See Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, [2001] 2 S.C.R. 460 at para. 25.
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