In what circumstances will issue estoppel?
British Columbia, Canada
The following excerpt is from Van Deventer v. Van Deventer, 2000 BCSC 912 (CanLII):
In the leading case of Henderson v. Henderson, (1843) 3 Hare 100 at 114-115 Wigram V.C stated: All estoppels are not odious but must be applied so as to work justice and not injustice and I think the principle of issue estoppel must be applied to the circumstances of the subsequent case with this overriding consideration in mind.
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