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I refer to the judgment of this Court in Brant Dairy Company Ltd. et al. v. The Milk Commission of Ontario et al.[5] as evidence of the approach which I think is compelled in the present case. Of course, it was a different case and turned on the neglect of this Court to consider earlier conflicting decisions when deciding the case that was pressed as an authority to conclude the decision in the Brant Dairy case itself. What is important, however, is not whether we have a previous decision involving a “brown horse” by which to judge a pending appeal involving a “brown horse”, but rather what were the principles and, indeed the facts, upon which the previous case, now urged as conclusive, was decided. I need only add that there can be no doubt on the question whether the present case provides a developed set of facts that raise the important issues of law that require decision here. It certainly does.
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