Is there any case law in which the learned Law Lords have been found to be obiter?
Saskatchewan, Canada
The following excerpt is from Smart v. Livett, 1950 CanLII 170 (SK CA):
Realizing the great importance of the last-mentioned case on the present, counsel for the defendants contends that the statements of the learned Law Lords were obiter. With every deference I do not think that they are obiter, as that term was defined by this court in Davidner v. Schuster; Riesenberg v. Schuster 1935 CanLII 182 (SK CA), [1936] 1 WWR 45.
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