What is the test for estoppel in employment law?

Yukon, Canada

The following excerpt is from Mendelsohn v. Clunies-Ross, 2009 YKSC 25 (CanLII):

Under the first question as to whether the same question has been decided, Binnie J. stated at para. 54 of Danyluk v. Ainsworth Technologies Inc, supra: … Issue estoppel simply means that once a material fact such as a valid employment contract is found to exist (or not to exist) by a court of tribunal or competent jurisdiction, whether on the basis of evidence or admissions, the same issue cannot be relitigated in subsequent proceedings between the same parties. The estoppel, in other words, extends to the issues of fact, law, and mixed fact and law that are necessarily bound up with the determination of that “issue” in the prior proceeding.

Other Questions

What is the case law on external lay-off provisions in employment contracts? (Yukon, Canada)
What is the impact of issue estoppel on collateral attack? (Yukon, Canada)
What is the impact of the "historic trade-off" emphasized by defendants’ counsel? (Yukon, Canada)
When will a judge refuse to return a child to his wife's home in Tanzania? (Yukon, Canada)
When a party enters into a structure under a contract where the contract does not stipulate that it will be reasonably fit for the purpose for which it is intended, is the contract enforceable? (Yukon, Canada)
What is the test for establishing unfairness and unequally treated in the provisions of the Human Rights Act? (Yukon, Canada)
What is the standard of review for an appellate court reviewing an exercise of exercise of authority? (Yukon, Canada)
How has the court considered the potential prejudicial effect of excluding or excluding evidence of abuse in a sexual assault case? (Yukon, Canada)
What is the test for granting declaratory relief? (Yukon, Canada)
What is the legal test for determining whether a plaintiff has met the proper legal test? (Yukon, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.