Binding authority

Binding authority (or mandatory authority) is a source of law that a court is obliged to apply. In Canada this includes applicable statutes and regulations, and decisions of higher courts within the same judicial hierarchy. For example, an Ontario Superior Court judge is bound by decisions of the Ontario Court of Appeal, and every Canadian court is bound by decisions of the Supreme Court of Canada.

Distinguishing binding from persuasive authority is fundamental to legal research and advocacy. A lawyer who finds a binding precedent directly on point has effectively answered the legal question, subject to arguments that the case can be distinguished on its facts. Courts can only depart from binding precedent in narrow circumstances, so identifying what actually binds the court hearing your matter shapes the entire argument.