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this post was submitted on 24 Jul 2023
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Don't get me wrong, this is a win and worthy of setting a legal precedent, however I am skeptical of the first line in the article:
If this was Small Claims court, are there examples of rulings from this court actually setting precedent for other courts (e.g. Lower or Superior courts)?
I guess the significant thing is that the judge ruled this way based on current laws and past legal precedent which should hopefully be consistent in future cases.
This was my main concern. Legal rulings are built on those that came before, however they can also be reversed by higher courts.
I found this complementary CBC article on this that provides a little bit of clarity:
Note that this is a quote by the plaintiff's lawyer (Jessica Rose). I'm obviously no lawyer myself but I would read this as precedent-setting for the Small Claims Court of Nova Scotia, with the caveat that other provinces' small claims courts and all higher courts are still lacking their own ruling here. Ultimately the law itself needs to be tested in higher courts, which is also referenced in the article:
It's lower level precedence, but it's still precedence. Another court at the same level would be inclined to follow this precedence.