What is the effect of comparing the facts of two separate cases?
Saskatchewan, Canada
The following excerpt is from Shields v. North American Life Assurance Company (No. 2), 1950 CanLII 196 (SK CA):
We must not overlook the statement of Lord Findlay in Craig v. Glasgow Corpn. [1919] SC (HL) 1, 35 TLR 214: “No enquiry is more idle than one which is devoted to seeing how nearly two cases come together. The use of cases is for the proposition of law that they contain; and it is no use to compare the special facts of one case with the special facts of another for the purpose of endeavouring to ascertain what conclusion you ought to arrive at in the second case.”
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