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Imagine that the Ontario Superior Court of Justice is hearing a case about an issue that has never been addressed before in the Ontario court
- Imagine that the Ontario Superior Court of Justice is hearing a case about an issue that has never been addressed before in the Ontario court system. The same issue has, however, been litigated up to the Court of Appeal level in British Columbia and New Brunswick, and at the trial level in Alberta. All three of these decisions are consistent with each other, and none of them has been further appealed. A. Are the Court of Appeal decisions in the other provinces binding on the Ontario Superior Court of Justice? B. Is the Alberta trial decision binding on the Ontario Superior Court of Justice? C. If you answered "no" to Questions a and b, do you believe that the Ontario judge will or should completely ignore the decisions from the other jurisdictions? Why or why not?
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