WAS THIS AN ABUSE OF PROCESS/ABUSE OF PROCESS OR WERE PREVIOUS JUDICIAL OBSERVATIONS “OBITER DICTA”? AN IMPORTANT ISSUE CONSIDERED

Most (hopefully all) law students learn about the difference between the ratio decidendi of a case and "obiter dictum".  These important distinctions can have real world consequences.  We look at a judgment here where that was the major issue between the parties.  Issues that the appellant argued we...