In what circumstances will a judge be bound to a decision of another judge on a point of law at nisi prius?
Saskatchewan, Canada
The following excerpt is from Rural Municipality of Bratts Lake v. Hudson's Bay Company, 1918 CanLII 175 (SK QB):
In Forster v. Baker [1910] 2 K.B. 636; 79 L.J.K.B. 664, Mr. Justice Bray was called upon at trial to decide a point which a short time before had been passed upon by Darling J. At p. 638 ([1910] 2 K.B.) he said: I have always understood that one judge is not bound by the decision of another judge on a point of law at nisi prius, and, therefore, I think 1 am bound to consider the case and to decide it according to my own opinion, at the same time, of course, giving great weight to the decision of Darling, J.
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