Sentences with phrase «issue estoppel»

Of course, this arbitral decision was appealed as well, with Justice Abrioux finding that Mr. Ghikas erred in his finding that issue estoppel did not apply to the question before him.

Ian Roland and Michael Fenrick represented the Canadian Police Association before the Supreme Court of Canada in Penner v. Niagara Police Services Board, a case which raises the application of the doctrine of issue estoppel in the context of police discipline.

[155] The approach of previous decisions on this issue have focused on issue estoppel (Petrelli v. Lindell Beach Holiday Resort Ltd. 2011 BCCA 367 at para. 63; citing Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44 at para. 25).

Finally, applying issue estoppel in a situation such as this carries a risk of judicializing the administrative process.

Issue estoppel arose when a court of competent jurisdiction had determined some question of fact or law, either in the course of the same litigation (for example, as a preliminary point) or in other litigation which raises the same point between the same parties.

Arguments about issue estoppel and abuse of process often arise when criminal lawyers are sued by their erstwhile clients for malpractice.

But the presence of the three pre-conditions for issue estoppel is not determinative.

On this basis issue estoppel has no application.

Civil Procedure / Police: Issue Estoppel Penner v. Niagara (Regional Police Services Board)(Ont.

With regards to issue estoppel there are three preconditions: the same question has been decided in the previous proceeding, the previous decision was final and the parties in both proceedings are the same.

[55] The three-fold requirements which must be established in order to successfully invoke issue estoppel are:

[75] Under the Class Proceedings Act, 1992, there are no positive or negative issue estoppels with respect to class members that opt out.

To allege that deference is undermined by exercises of discretion not to apply issue estoppel is to make a category error.

The Federal Court of Appeal (FCA) has refused to apply the «special circumstances» exception to issue estoppel in view of a change in law arising from the rejection of the «promise doctrine» in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 (NEXIUM, reported here).

On that basis neither the third nor the fourth criteria for cause of action estoppel, or the first criteria for issue estoppel have been met.

(following FNB v Ann above, strike out / limitation period for extortionate credit bargain claim / issue estoppel / abuse of process)

The Supreme Court of Canada has been feverishly productive in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal by - laws.

C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.

The airfield relied on the principle of res judicata or issue estoppel to argue that the officer was not entitled to ignore or impugn the tribunal's decision.

or issue estoppel to argue that the officer was not entitled to ignore or impugn the tribunal's decision.

Arbitration — Anti-suit injunction — Cause of action estoppel — Issue estoppel — Abuse of process — Senior Courts Act 1981, section 37.

Sophie frequently advises on procedural and evidential issues arising in the course of litigation including disclosure, privilege, costs and jurisdictional matters, including the territorial jurisdiction of the Employment Tribunal, choice of forum (Employment Tribunal / High Court), time points, illegality, employee status and issue estoppel.

The court refused, holding that an acquittal, or the ordering of a new trial, is not conclusive of the plaintiff's innocence, and does not give rise to res judicata, issue estoppel, or abuse of process, where the defendant solicitor asserts in the malpractice action that the plaintiff was in fact guilty.

[1] These appeals concern the application of the doctrine of issue estoppel, as clarified by this Court in R. v. Mahalingan, 2008 SCC 63 (CanLII), 2008 SCC 63, [2008] 3 S.C.R. 316, in the context of a multi-issue jury trial.

Their view accords with my own in any event but, in my judgement, therefore, the decisions of the English Courts do create an issue estoppel against the Defendant in raising the argument that the waiver is insufficient where recognition, enforcement and execution are concerned.

Tags: Abuse of Process, bc injury law, Issue Estoppel, McClusky v. Desilets, Mr. Justice Steeves Posted in ICBC Liability (fault) Cases Direct Link 1 Comment» top ^

The court noted a change in the law did not trigger the «special circumstance» exception to issue estoppel, and found there was no basis to exercise its discretion to bar the application of issue estoppel in this case.

The FCA applied the doctrine of issue estoppel, finding it would not be appropriate to allow a collateral attack on the findings of invalidity of the patent given that the issue had already been decided.

It is not subject to the double jeopardy doctrines of res judicata and issue estoppel nor would the special plea of autrefois acquit be available.

[2009] EWCA Civ 1397; [2010] 1 Lloyd's Rep 193; [2010] 2 All E.R. (Comm) 1243; [2010] I l Pr 10; [2009] 2 CLC 1003]; The Times 8th Feb 2010; — leading case on recognition under the Judgments Regulation of foreign judgments obtained in breach of London arbitration agreements, and issue estoppel.

Michael was also counsel for the Canadian Police Association in Penner v. Niagara Police Services Board respecting the scope of issue estoppel and police discipline

As the Supreme Court of Canada unanimously accepted, the three pre-conditions for application of issue estoppel were satisfied — same question, final decision on the question, and same parties.

Mentioning issue estoppel would have caused my page views to crash through the floor, which would have been a pity because there is a recent case that raises an interesting technical point about issue estoppel and standard of review.

Issue estoppel is about the finality of administrative decisions.

Penner is a case about the application of the doctrine of issue estoppel to administrative decisions: if an issue has been addressed in administrative proceedings, is a court subsequently precluded from revisiting it?

(2) by failing to consider s. 2 (10) of the Family Law Act («A domestic contract dealing with a matter that is also dealt with in this Act prevails unless this Act provides otherwise») and the doctrine of issue estoppel, given that both the Minutes of Settlement and the Final Order into which it was incorporated stipulated the amount of child support payable by the husband to the wife and therefore determined the amount of the husband's income;

The respondents to the civil action then moved to dismiss Mr. Penner's lawsuit on the basis of issue estoppel, claiming that all relevant issues had been conclusively decided in the disciplinary proceedings.

Excluding discretion from the issue estoppel analysis does not necessarily exclude it entirely.

Application of issue estoppel to tax litigation.