“Stare Decisis” (Ontario Law)
When we look at two recent cases on the law of disclosure, we need to examine the meanings of stare decisis, ratio decidendi and obiter dicta. Otherwise it will be difficult to appreciate the fine distinction in the two cases and their applicability in law.
The latin expression "stare decisis" is probably the most important latin legal term. It means "maintain what you have decided". It is the fundamental basis of the common law legal system of precedents.
Once a Court makes a decision, then that's the law. It doesn't change. Every similar case that comes forward will be treated in the same way. The law is consistent. It doesn't change depending upon who the parties may be. Justice is blind!
The legal system of binding judicial precedents is fundamental to the operation of the common law. So, what part of the decision is a binding precedent?
The essential part of the judgment is called the "ratio decidendi". Anything else, which is non-essential is part of the "obiter dicta" or "obiter" for short.
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