What is the test for the doctrine of estoppel in the context of s. 27(1)(f) of the BC Insurance Act?
British Columbia, Canada
The following excerpt is from National Automobile, Aerospace, Transportation and General Workers of Canada (CAW - Canada) Local 111 v. Coast Mountain Bus Company (No. 5), 2005 BCHRT 242 (CanLII):
The Company argues both that the complaint should be dismissed pursuant to s. 27(1)(f), on the basis that the substance of the complaint has been appropriately dealt with in other proceedings, and that the doctrine of estoppel should apply. As noted by the Tribunal in McKnight v. Insurance Corporation of British Columbia, 2003 BCHRT 89, a finding that the substance of a complaint has been appropriately dealt with in another proceeding is not necessarily synonymous with a finding of estoppel. However, as in McKnight, I am of the view that in the circumstances of this case, my finding with respect to estoppel also constitutes a decision with respect to whether the substance of the complaint has been appropriately dealt with in the arbitration proceedings. I will therefore consider these issues together.
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