Canlii (Supreme Court of Canada) Administrative law – Issue estoppel – Employee filing complaint against employer under Employment Standards Act seeking unpaid wages and commissions – Employee subsequently commencing court action against employer for wrongful dismissal and unpaid wages and commissions – Employment standards officer dismissing employee’s complaint – Employer arguing that employee’s claim for unpaid wages and commissions before court barred by issue estoppel – Whether officer’s failure to observe procedural fairness in deciding employee’s complaint preventing application of issue estoppel – Whether preconditions to application of issue estoppel satisfied – If so, whether this Court should exercise its discretion and refuse to apply issue estoppel.
Binney J said: ‘a decision which is made without jurisdiction from the outset cannot form the basis of an estoppel’
Judges:
Binney J
Citations:
[2001] 2 SCR 460, 2001 SCC 44
Links:
Jurisdiction:
Canada
Cited by:
Cited – Foster v Bon Groundwork Ltd EAT 17-Mar-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Estoppel
Updated: 22 November 2022; Ref: scu.430684