Fact Scenario

You are representing a client at a hearing before a tribunal that will last several weeks. Before the hearing, you prepare a book of authorities containing court decisions that support your interpretation of the law. At the beginning of the hearing, you provide copies of the book to the tribunal members and the other parties, with the intention of using the cases to support your argument at the end of the hearing.

Please answer the following questions:

1) Shortly after the hearing begins, you discover that one of the decisions in your book of authorities that is directly on point has been overturned on appeal to a higher court. The higher court decision is binding on the court. Do you do anything, and if so, what and when? (10 Marks)

2) Shortly after the hearing begins, you discover that a court in a different province has come to the opposite conclusion about the interpretation of a law in a case that is almost identical to one of the decisions in your book of authorities on which you intend to rely. Decisions from others provinces are not binding on the tribunal but could be persuasive.Do you do anything, and if so, what and when? (6 Marks)

3) Shortly after the hearing begins, you discover that a court in a different province has come to the opposite conclusion about the interpretation of a law in a case that is almost identical to one of the decisions in your book of authorities on which you intend to rely. What if the conflicting decision is in relation to a similar law, but was made by a court in a different country? (6 Marks)

4) Shortly after the hearing begins, you discover the following with regard to a case on which you intend to rely: a different judge of the same court has come to the opposite conclusion in a later and similar case. No higher court has decided on the issue. Do you do anything, and if so, what and when? (6 Marks)

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