this post was submitted on 16 Feb 2024
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Surprised Air Canada's lawyers had the bravado to make claims like this. So glad they lost, I hope this becomes precedent for anything similar.
I don't know if small claims create precedent in the same way that a normal lawsuit would.
Can only speak for the UK but as the lowest civil court here, small claims decisions are not binding on any other court (including other small claims courts) but they are considered "pervasive" and thus a judge should be aware and take them into consideration.
Yeah, I mean, at the very least, it's a solid argumentation. Any judge who's given a similar case and doesn't look up, if someone else already dealt with such a case, is just doing a disservice to themselves...