Lower Court not bound by Appeal Court?

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hwybear
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Lower Court not bound by Appeal Court?

by: hwybear on
Sun Nov 29, 2009 5:46 pm

Interesting part for cases to come. Here is part of a decision out of a Sudbury.

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At the onset of trial, the defendant's agent requested the proceedings be stayed as per the recent decision of R. v. Raham 2009 ONCJ 403 (ONT.C.J), where section 3.7 of Ontario Regulation 455/07 was deemed unconstitutional. The proscutions position was that the above noted decision, made by the Ontario Court of Justice, was not binding on this court and in suppoort of his position, referenced the decision of Cuddy Chicks Ltd v Ontario in which the Supreme Court indicated that only a Superior Court Judge could make a declatory order.

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Trial proceeded.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Reflections
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by: Reflections on
Mon Nov 30, 2009 7:37 am

So now we will waste more court time later with an appeal??? Makes sense to me.
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Radar Identified
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by: Radar Identified on
Mon Nov 30, 2009 7:21 pm

Lower court not bound by an appeal court?

I thought they were... guess either I learned something new or we've got a lot of Justices/JPs living in a yellow submarine. :shock:

I think, if anything, the whole s. 172/appeals/unconstitutional/etc has revealed that our judicial system is a Gong Show. Wow.


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by: Reflections on
Tue Dec 01, 2009 7:54 am

Image
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hwybear
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by: hwybear on
Tue Dec 01, 2009 10:34 am

Radar Identified wrote:Lower court not bound by an appeal court?

I thought they were... .
that was always my impression too....where is TC or Ottlegal????
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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