Létourneau
J.A.:
Notwithstanding
the
valuable
efforts
by
counsel
for
the
appellant,
we
have
not
been
persuaded
that
the
facts
of
this
case
and
the
legal
principles
applicable
to
it
are
sufficiently
distinguishable
from
the
facts
found
and
the
principles
applied
in
the
Shell
Canada
Ltd.
case
,
in
which
leave
to
appeal
to
the
Supreme
Court
of
Canada
has
been
granted.
Therefore,
in
view
of
this
finding
and
the
applicability
of
the
stare
decisis
rule,
the
appeal
will
be
dismissed
with
costs.
Appeal
dismissed.
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