Is a duty of disclosure binding on me?
Ontario, Canada
The following excerpt is from Thomas v Raynard, 2014 CanLII 68826 (ON SCSM):
47. In my respectful opinion, Swayze v. Robertson, supra, suggests a duty of disclosure that is inconsistent with the appellate pronouncements reviewed above. I must reject the plaintiffs’ submission that it is binding on me,4 because it is my duty to give effect to the controlling appellate authorities.
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