Question
Judge Smart is a judge of the Superior Court of Ontario. She is one of the smartest and wisest judges in the whole country. Judge
Judge Smart is a judge of the Superior Court of Ontario. She is one of the smartest and wisest judges in the whole country. Judge Smart has a new case to decide; the defendant did something that caused a lot of damage to the plaintiff, which is why the plaintiff sued. However, in another case last year involving a different plaintiff and defendant, but with the exact same facts and issues of law, the Ontario Court of Appeal rendered a decision that stated that the law was clear - a defendant could not be held liable in those circumstances. Judge Smart 100% believes that the Court of Appeal made a mistake in their case and she knows that the judges of the Ontario Court of Appeal that decided that case are not as smart and wise as she is. Plus, Judge Smart wants the defendant to be held liable in the case before her. Is Judge Smart legally required to follow the decision of the Ontario Court of Appeal? Please explain your answer fully
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