In what circumstances will a judge order a determination of "the precise question, the precise fact which was put issue and decided" in the previous proceeding?

Saskatchewan, Canada


The following excerpt is from Iron v. Saskatchewan (Minister of the Environment and Public Safety), 1993 CanLII 6744 (SK CA):

In Randolph v. Tuck, [1962] 1 Q.B. 175, Lawton J. at p. 184 embarks on a determination of "the precise question, the precise fact which was put in issue and decided" in the previous proceeding, and this exercise satisfied him that the cases, although similar, were not the same.

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