I do not agree that because Rhodes was decided 12 years ago its quality is somehow eroded. I am not aware of a principle of law that judgments of the highest court of this province are to be aged like accounts receivable and their precedential value is to be decreased in direct proportion to their age.
Anyway, it can forcefully be argued that judgments of the Court of Appeal are like a good wine and improve with age.
Buchanan v. Wassef
1993 CarswellAlta 24
Alberta Court of Queen's Bench