Does issue estoppel apply mechanically?
Ontario, Canada
The following excerpt is from Sibley v. Rizzuto, 2008 CanLII 20347 (ON SC):
In Danyluk v. Ainsworth Technologies Inc., supra, para. [9], Binnie J. states at paragraph 33 that: The rules governing issue estoppel should not be mechanically applied. The underlying purpose is to balance the public interest in the finality of litigation with the public interest in insuring that justice is done on the facts of a particular case. (There are corresponding private interests).
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