What is the impact of issue estoppel on collateral attack?
Yukon, Canada
The following excerpt is from City of Whitehorse v. Cunning, 2009 YKSC 48 (CanLII):
The respondent noted the discussion in AB Hassle v. Apotex Inc. [2005] 4 F.C.R. 229, 2005 FC 234, about the interrelationship between issue estoppel, abuse of process and collateral attack. The facts fit all three principles but the trial judge chose to deal with it as an abuse of process and he should be upheld. (iv) Analysis
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