When authority from Scotland has been incorporated into our law, is it appropriate that we reconsider our decisions when authority from another jurisdiction is called into question in that jurisdiction?

When authority from another jurisdiction has been incorporated into our law, we are free to reconsider our decisions when that authority is called into question in that jurisdiction. We need not do so. But it is appropriate that we satisfy ourselves that the rationale for the earlier decisions is not vitiated by the later authority. I note that Clement, J.A. in Mohler v. Dairy Queen described the issue there as “lis alibi pendens” and recognizes the infusion of the Scottish doctrine. Our task is to determine whether the more extensive infusion which has now been accepted in the United Kingdom should be accepted here and what principles should govern this particular class of case.