issue estoppel

APPEAL WATCH: SCC To Weigh In On Estoppel In Patrick Street

The Evolving Question of Res Judicata: Penner v. Niagara (Regional Police Services Board)

The ancient principle of res judicata states that an issue that has already been decided in a previous case should not be brought for trial again. To do so wastes resources, and may bring the administration of justice into disrepute. Even in earlier times, the doctrine was not always easy to apply. The devil is […]

So You Got Punched By a Cop: Disciplinary Action or Civil Suit? Issue Estoppel in Penner v Niagara

Mrs. Penner was on trial for the weighty offense of not properly displaying two valid license plates. Mr. Penner, her husband and the appellant in a juicy case before the SCC this month, sat in the very back of the courthouse, wearing sunglasses and chewing gum. Cst. Koscinski sat directly behind Mr. Penner, awaiting an […]