As restated in McCready v. Nanaimo (City), 2005 BCSC 762 at paras. 46-47, 46 B.C.L.R. (4th) 331, a trial judge should depart from the judgment of another judge of the same court only in the following circumstances: (a) subsequent decisions have effected the validity of the impugned judgment; (b) it is demonstrated that some binding authority in case law, or some relevant statute was not considered; (c) the judgment was unconsidered, a nisi prius judgment given in circumstances familiar to all trial judges, where the exigencies of the trial require an immediate decision without the opportunity to fully consult authorities; or (d) the judgment was palpably wrong and based on a patent error of law or fact.
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