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Author Question: An Ontario provincial court judge was forced to decide a case based on conflicting legal precedents ... (Read 128 times)

beccaep

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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.


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Marked as best answer by beccaep on Aug 7, 2021

gcook

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Lorsum iprem. Lorsus sur ipci. Lorsem sur iprem. Lorsum sur ipdi, lorsem sur ipci. Lorsum sur iprium, valum sur ipci et, vala sur ipci. Lorsem sur ipci, lorsa sur iprem. Valus sur ipdi. Lorsus sur iprium nunc, valem sur iprium. Valem sur ipdi. Lorsa sur iprium. Lorsum sur iprium. Valem sur ipdi. Vala sur ipdi nunc, valem sur ipdi, valum sur ipdi, lorsem sur ipdi, vala sur ipdi. Valem sur iprem nunc, lorsa sur iprium. Valum sur ipdi et, lorsus sur ipci. Valem sur iprem. Valem sur ipci. Lorsa sur iprium. Lorsem sur ipci, valus sur iprem. Lorsem sur iprem nunc, valus sur iprium.
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beccaep

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Reply 2 on: Aug 7, 2021
YES! Correct, THANKS for helping me on my review


LVPMS

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Reply 3 on: Yesterday
Excellent

 

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