The decision is highly persuasive for courts outside of Ontario, but those courts can still decide otherwise. Even if the HR law was federal, an Ontario court's interpretation would not bind courts in other provinces. Especially a Superior Court, which is the lowest level of authority. The higher up it travels in the judicial hierarchy, the more weight it gets, but it still isn't 'binding' on other provinces. If it makes it to the Supreme Court and in its decision it said something that was more abstract (political, philosophical), that would be highly persuasive on all courts. But the way our legal system works is that any court can distinguish the case before it from precedents if it really wants to.
Jun 19, 2024
at
2:13 AM
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