While the Nortel case arose from a unique set of circumstances, its importance and
future precedential value should not be underestimated.
Not exact matches
Under the
precedential system followed in American jurisprudence, those rulings will be more or less binding on
future disputes involving the same or similar issues.
These are binding on the parties to the adjudicatory proceedings and have
precedential effect on
future parties in similar situations.
«However, as appellate interpretation of standard form contracts will have greater
precedential value, this should eventually reduce litigation and limit
future contractual disputes around the standard form clauses,» said Bombier.
Regardless of the (perhaps temporary) loss of
precedential value of the Jane Doe decision, employers should continue to be sensitive to the issues that this tort raises and consider it to be an example of what they might have to deal with in the
future.
The courts could retain discretion over whether to publish opinions not treated as binding on
future judges.62 Therefore, every
precedential opinion of the Court of Review and every FISC en banc opinion should be published in redacted form.