Overruling
Overruling is when a court with the authority to do so declares that an earlier precedent from a different case is no longer good law. It differs from reversing a decision, which is when an appeal court overturns the lower court's decision in the same case.
How BC law treats it
Lower courts in BC are bound by decisions of the BC Court of Appeal and the Supreme Court of Canada. The Supreme Court of Canada may overrule its own precedents, and the BC Court of Appeal departs from its own precedents only in limited circumstances.
What it means for your business
Legal advice relying on case law should be checked against later decisions that may have overruled it.
Risks and common mistakes
Relying on an old decision that has since been overruled can lead to a mistaken assessment of your legal position.
For the full explanation, see our entry on Precedent.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
