What is the test for the application of estoppel principles?
Ontario, Canada
The following excerpt is from Children's Aid Society of St. Thomas v. M.(J.), 2003 CanLII 57513 (ON CJ):
[33] Furthermore, Upper v. Upper extends to support the proposition that, where parties make a conscious decision to resolve a proceeding without the benefit of a completely transparent factual foundation for the consent, they not be permitted later to argue that the form of endorsement or order consented to fails to meet the test for the application of the estoppel principles, thereby leaving open the same facts for use in a subsequent proceeding.
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