In what circumstances will a defendant be estopped from relitigating the same issues raised in two separate affidavits?
Ontario, Canada
The following excerpt is from St. Lewis v. Rancourt, 2013 ONSC 1564 (CanLII):
In his decision, St. Lewis v. Rancourt, 2012 ONSC 4494, dated August 2, 2012, Beaudoin J. has already ruled that the evidence sought to be introduced in Rancourt’s April 23 and May 23 affidavits was irrelevant to the issues involved in the champerty motion. As a result, I agree with the University’s submission that based on Beaudoin J.’s findings, the defendant is estopped from relitigating the same issues raised in the above affidavits, in this champerty motion.
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