From: St phane
S rafin <Stephane.Serafin@uottawa.ca>
Sent: Friday 4
October 2024 14:06
To: Matthew
Hoyle; Mitchell McInnes; obligations@uwo.ca
Subject: Re: Re:
"I cannot fathom how a judge in any legal tradition could say
that."
Quite right. While it's an especially bizarre attitude when
referring to an uncodified, precedent-based system, I can't even imagine a
civil law-trained lawyer in Quebec pretending that the French Code Civil has no
bearing on how to interpret the CCQ. (Well, apart from the Chief Justice,
anyway...)
From: Matthew Hoyle <MHoyle@oeclaw.co.uk>
Sent: October 4, 2024 8:48 AM
To: Mitchell McInnes <mmcinnes@ualberta.ca>;
obligations@uwo.ca <obligations@uwo.ca>
Subject: Re:
Attention : courriel
externe | external email
To
me that appears to be a repudiation not only of the entire doctrine of
precedent and stare decisis, but of the entire judicial method.
I
cannot fathom how a judge in any legal tradition could say that.
Matthew
Hoyle
Barrister
One
Essex Court
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From: Mitchell McInnes <mmcinnes@ualberta.ca>
Sent: Friday, October 4, 2024 1:41:15 PM
To: obligations@uwo.ca <obligations@uwo.ca>
Subject:
Steven
Elliott wrote: "The CJ s comment cannot have been made with private law in
mind."
That's
what I thought when I initially heard about the story. But it turns out that
the Chief Justice did have private law in mind. He is quoted
in one of Canada's newspapers as saying:
"The judicial landscape has changed completely, and a decision five years old is often, in commercial or civil matters, already a very old decision. To make a long story short, I am simply telling you that the legal interest in these historical decisions is very minimal"
Mitchell
--
Mitchell McInnes
Faculty of Law
University of Alberta
Edmonton, Alberta, T6G 2H5
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