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Update consent-reversal.html.pm
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sanchom authored Sep 23, 2023
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Expand Up @@ -293,9 +293,3 @@ that is appropriate in the circumstances of each case." It cannot be
that litigants and judges are free to ignore this reasoning just
because the ultimate judgment was set aside by a s. 70 consent
reversal.

In my view, the reasons of a Court of Appeal judgment that has been
reversed on consent should continue to be considered binding precedent
through the ordinary principles of vertical ◊em{stare decisis}, unless
the Supreme Court of Canada expressly or implicitly disavows the
reasoning.

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