Berenguer v. SATA Internacional - Azores Airlines, S.A

canada, canadian, case law, court opinion, canlii, fca, 2026fca154, 2026 fca 154 (canlii), 2026, fca, 154, (canlii), a-224-25, 2026, procedure, class proceedings, certification, issue estoppel, functus officio, motion to determine whether a fresh motion for certification may proceed, remedial jurisdiction to re, open the certification motion, preferable procedure and evidence “necessarily in issue”, finality in the judicial system, appeal dismissed, procedure, res judicata, issue estoppel, danyluk conditions, whether the first condition, the “same question”, was met, preferable procedure and evidence required to establish it, “distinctly put in issue and directly determined” and matters “necessarily determined”, issue estoppel engaged, appeal dismissed, procedure, discretion, setting aside issue estoppel, whether discretion should be exercised due to material change in circumstances or new evidence, reliance on alleged legislative and evidentiary changes in the cta’s dispute resolution process, potential injustice to class members weighed against finality, no palpable and overriding error, appeal dismissed, evidence, appeal, fresh evidence, palmer v. r., barendregt v. grebliunas, whether criteria for admission of new evidence were met, fairness and interests of justice, attempt to remedy lack of evidence originally presented, motion to admit fresh evidence dismissed, statutory interpretation, federal courts rules, continuing jurisdiction, federal courts rules, rules 385(1) and 334.2, whether rules 385 and 334.2 override issue estoppel, interpretation of rules as a basis to bring a second certification motion, no conflation of functus officio and issue estoppel, continuing jurisdiction rejected, appeal dismissed