Whilst the clarification of prior cases in subsequent decisions is not a novelty, what is somewhat worrisome is that a Grand Chamber judgment was used to alter the clear meaning of a paragraph found in a judgment of the Full Court. (europeanlawblog.eu)
This definition of a mental disability has been applied not only by subsequent decisions of the Tribunal by also by the Ontario Superior Court in Simcoe Condominium Corporation No. 89 v Dominelli, 2015 ONSC 3661. (employmentlaw101.ca)
After this ground - breaking decision, the Court swiftly backtracked and curtailed Ruiz Zambrano in several subsequent decisions on this issue. (europeanlawblog.eu)