Small claims court proceeding

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Reference no: EM133889495

Question

You represent the defendant in a Small Claims Court proceeding. During some last-minute online research before the trial, you find a Divisional Court decision dealing with issues very similar to those in your matter. The decision is unfavourable to your client's defence and favourable to the plaintiff's claim. The decision is binding on the Small Claims Court. There are some minor legal and factual differences between the matter dealt with in the appellate decision and the matter in which you are acting.

To your surprise, during submissions, the licensee representing the plaintiff does not refer to the decision.

Are you required to inform the court of a binding precedent that will almost certainly prejudice your client's defence?

Reference no: EM133889495

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