In connection with following the court’s earlier decision in Cheema, LeBlanc JA stated (at paras. 10-11):
[T]he principle of horizontal stare decisis ... dictates that decisions of a panel of an appellate court bind future panels of that court … .
It is only in “exceptional circumstances” that the Court will overrule the decision of another panel. This will generally occur when “the previous decision is manifestly wrong, in the sense that the Court overlooked a relevant statutory provision, or a case that ought to have been followed” (Miller [2002 FCA 370] at para. 10).