Is Issue estoppel applicable where the cause of action is different from the prior proceeding?
British Columbia, Canada
The following excerpt is from Elsner v. British Columbia (Police Complaint Commissioner), 2017 BCSC 605 (CanLII):
Issue estoppel is a species of res judicata and applies where, although the cause of action is different from the prior proceeding, some point or issue of fact has already been decided in the prior proceedings to preclude an unsuccessful party from re-litigating that which has already been litigated: Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44 at paras. 1, 25.
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