Can a party bring an issue of issue estoppel against the party seeking to relitigate the matter?
Ontario, Canada
The following excerpt is from Conrad Black (Re), 2007 CanLII 11137 (ON SC):
In Gushue v. The Queen [1] The rule that a court could not rule on an issue that has already been decided by another court is a fundamental principle of our system of justice. The fact that a matter has already been the subject of a judicial decision may raise an estoppel against the party seeking to relitigate the matter. This is the principle of issue estoppel …. Issue estoppel is recognized in Canadian criminal law.
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