Introduction
It's safe to say that "stare decisis" is one of
the most common Latin phrases in law (and that's saying
something). It literally means "to stand by that which was
decided."1 As a legal principle, stare decisis sets
the parameters for when courts must follow, or can depart from,
precedent.
The Plaintiffs in the recent Nova Scotia case of Ackerman v Deckman Trust, 2014 NSSC 335 tested
the boundaries of stare decisis, but—spoiler alert—the
Court "stood by that which was decided" and followed an
earlier Court of Appeal decision.
Facts
The Plaintiffs were mortgagees and had brought foreclosure
proceedings.2 The Defendant made what it thought to be a
full payment after the Plaintiffs issued their Statement of Claim,
but the Plaintiffs considered it to be part payment only. They also
claimed entitlement to solicitor-client costs pursuant to the
mortgage, and sought summary judgment on that
issue.3
