The appellant was acquitted of impaired driving after presenting an alibi defence.
He was subsequently charged with perjury regarding his testimony at the first trial.
The trial judge acquitted him on the basis of issue estoppel, but the Court of Appeal ordered a new trial.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that issue estoppel applies to prevent the Crown from re-litigating an issue decided in the accused's favour unless it tenders new evidence that was not available by reasonable diligence at the time of the first trial.
