What are the requirements of issue estoppel?
Manitoba, Canada
The following excerpt is from Glenko Enterprises Ltd. v. Keller et al., 2006 MBQB 191 (CanLII):
At para. 147, Kroft J.A. set out the requirements of issue estoppel, as defined by Lord Guest and reviewed by Dickson J. (as he then was) in Angle v. M.N.R., 1974 CanLII 168 (SCC), [1975] 2 S.C.R. 248, at p. 254: … (1) that the same question has been decided; (2) that the judicial decision which is said to create the estoppel was final; and, (3) 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 …..
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