Does estoppel prevent parties from re-litigating the constituent issues or material facts necessarily embraced in a previous proceeding?
British Columbia, Canada
The following excerpt is from Honborg v Lust, 2018 BCSC 1288 (CanLII):
Issue estoppel prevents parties from re-litigating the “constituent issues or material facts” necessarily embraced in a previous proceeding between the parties or their privies. The estoppel extends to the material facts and the conclusions of law or mixed fact and law that were necessarily (even if not explicitly) determined in the proceedings: Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44 at paras. 20, 25 [Danyluk].
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