Persuasive authority

Persuasive authority is any legal source that a court may find convincing but is not bound to follow. Common examples in Canada include decisions of courts in other provinces, decisions of courts at the same level in the same province, foreign judgments (often from the United Kingdom, Australia, or the United States), and academic commentary.

Persuasive authority matters most where there is no binding precedent on point. Canadian courts routinely look to appellate decisions from sister provinces on novel questions, and a consistent line of persuasive authority across several provinces can be nearly as influential as a binding case. When researching, it is standard practice to search beyond your own province once local binding authority runs out.