What are the elements of issue estoppel?
British Columbia, Canada
The following excerpt is from Figliola and others v. Workers’ Compensation Board (No. 2), 2008 BCHRT 374 (CanLII):
It is well established that the constituent elements of issue estoppel are: (1) that the same question has been decided; (2) that the judicial decision which is said to create the estoppel was final; and, (3) that the parties to the judicial decision or their privies were the same persons as the parties to the proceedings in which the estoppel is raised or their privies. (Angle v. M.N.R. (1974), 1974 CanLII 168 (SCC), 47 D.L.R. (3d) 544)
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