Is issue estoppel between the parties?
Alberta, Canada
The following excerpt is from United Nurses of Alberta v. Alberta (Attorney-General), 1990 ABCA 64 (CanLII):
The findings and conviction by Mr. Justice Sinclair may have created issue estoppel between the parties, thus restricting the defences open before Mr. Justice O'Byrne. See Gushue v. R. 1979 CanLII 56 (SCC), [1980] 1 S.C.R. 798, 50 C.C.C. (2d) 417. Whether or not that is so, a superior court had pronounced on the subject and enforced the directives (through Mr. Justice Sinclair). Therefore, Mr. Justice O'Byrne dealt with directives publicly flouted though already confirmed by Mr. Justice Sinclair. They were then more than just orders of an inferior tribunal filed in the superior court.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
Does a plaintiff have to pay costs to both parties even if they have successfully sued only one party? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
How have the courts dealt with the issue of custody and custody issues in a motion of motion of the same name? (Alberta, Canada)
What is the basis for the principle that a person who is not a party to the same type of accommodation as a party is entitled to a similar accommodation? (Alberta, Canada)
Under what circumstances will a party be permitted to enter into an agreement for sale without the consent of the other party? (Alberta, Canada)
Does the principle of res judicata apply when one party has brought a new cause of action against the same party? (Alberta, Canada)
What is the test for a defence of issue estoppel? (Alberta, Canada)
If there is no clear agency between the parties, can the parties be considered fiduciary? (Alberta, Canada)
Can an agreement by the parties of Fort McMurray (City) and the Agreement of Agreement give the parties the authority to set up an enforcement board? (Alberta, Canada)
