On Tue, Apr 1, 2008 at 3:07 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
>  R2157 refers to an agreement to deliver a legal opinion.  In the absence of
>  further definition of "binding", it is quite likely that agreeing to consent
>  to the posting of such an opinion is binding.  This particular type of 
> agreement
>  is made under R2157 so it is not unreasonable to say it is binding under the
>  rules.  Even without that, see CFJ 1325, in particular the judge's point (2) 
> of
>  what constitutes "intent that an agreement be binding", this is still quite
>  relevant as "binding" is similarly defined now as then.  Certainly I have
>  intended my own agreements with others on judicial panels to be binding and
>  subject to R101 protections, but I can't speak for my fellow panel members,
>  and as CFJ 1325 suggests we can only test this if a dispute arises.

When agreeing to an appeal judgement, I have always considered myself
to be reserving the right to change my mind, which can hardly be
called binding.

-root

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