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An Ontario provincial court judge was forced to decide a case based on conflicting legal precedents ...

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An Ontario provincial court judge was forced to decide a case based on conflicting legal precedents ...

An Ontario provincial court judge was forced to decide a case based on conflicting legal precedents from higher courts. One of the precedents had been set by the Ontario Court of Appeal. The other precedent had been set by the Alberta Court of Appeal. The Ontario provincial court judge elected to follow the Alberta Court of Appeal precedent. In these circumstances, the decision of the Ontario provincial court judge will likely be:

▸ stayed due to conflict of interest.

▸ upheld on appeal because the judge clearly followed an existing precedent.

▸ overturned on appeal because the judge failed to properly distinguish the cases before her.

▸ overturned on appeal because an inferior provincial court must follow the decision of a higher court within the province if faced with conflicting precedents elsewhere.

▸ upheld on appeal because stare decisis only requires that a judge follow an earlier decision.

Textbook

Legal Fundamentals for Canadian Business

Edition: 4^th

Author: Yates

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Brilliant ツ

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