What obligation does a lower court judge have in the context of Sellars?
British Columbia, Canada
The following excerpt is from Pacific Press v. AGBC, 2000 BCSC 248 (CanLII):
However the obligation arising from Sellars does not require the unthinking application of all comments which were not strictly necessary for the decision in a higher court. Rather the obligation on a lower court judge is to recognize "the importance of paying thoughtful attention to considered statements of law by higher courts, even where those statements are not binding in character" (Reekie v. Messervey (1989) 36 B.C.L.R. 2nd, 315 (B.C.C.A.).
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