Consider the stare decisis canon of construction and apply it to the following hypothetical fact situation:...

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Consider the stare decisis canon of construction and apply it to the following hypothetical fact situation: In 2006, the Federal Court of Appeal ruled that a debtor is considered to have paid a debt on the date when that debtor signs a cheque payable in favour of a creditor. In 2010, the Supreme Court of Canada ruled that a debtor is considered to have paid a debt on the date when that debtor delivers a signed cheque to a creditor. In 2014, the Tax Court of Canada (Informal Procedure) ruled that a debtor is considered to have paid a debt on the date when the creditor cashes that debtor's signed and delivered cheque. In 2022, your client asks you when an amount would be considered to have been paid when a cheque is used to satisfy a debt owed to a creditor. Signs; signs and delivers; or signs, delivers, and cashes (1 mark) Explain why (3 marks) Consider the stare decisis canon of construction and apply it to the following hypothetical fact situation: In 2006, the Federal Court of Appeal ruled that a debtor is considered to have paid a debt on the date when that debtor signs a cheque payable in favour of a creditor. In 2010, the Supreme Court of Canada ruled that a debtor is considered to have paid a debt on the date when that debtor delivers a signed cheque to a creditor. In 2014, the Tax Court of Canada (Informal Procedure) ruled that a debtor is considered to have paid a debt on the date when the creditor cashes that debtor's signed and delivered cheque. In 2022, your client asks you when an amount would be considered to have been paid when a cheque is used to satisfy a debt owed to a creditor. Signs; signs and delivers; or signs, delivers, and cashes (1 mark) Explain why (3 marks)

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Based on the principle of stare decisis a court is generally bound by the decisions of higher courts ... View the full answer