What is the effect of the fact that a previous decision was either in the exercise of a discretion or in conformity with policy guidelines?
British Columbia, Canada
The following excerpt is from Bell v. Cessna Aircraft Company, 1983 CanLII 303 (BC CA):
I conclude that the fact that the previous decision was a decision made either in the exercise of a discretion or in conformity with a policy guideline for the exercise of a discretion, as enunciated in the decision, would give a greater amplitude for reconsidering the exercise of a similar discretion or for reconsidering the policy guidelines so enunciated, than would a decision on a point of law. As Lord Denning M.R. says in Ward v. James, the guidelines for the exercise of a discretion must be kept flexible to meet changing times, conditions and circumstances. V
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