We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

EXTRAORDINARY REMEDIES - Habeas corpus

Tuesday, May 08, 2018 @ 8:35 AM  

Determination of whether the plaintiffs’ successful habeas corpus application meant that the doctrine of issue estoppel prevented the Crown defence. The plaintiffs, who were placed in involuntary segregation because of information about a plot to harm correctional officers, sued for damages after a successful habeas corpus application.

HELD: The doctrine of issue estoppel did not apply. There was a strong parallel between a writ of habeas corpus and the tort of false imprisonment, but there was a subtle but important difference. One gave rise to damages...