Rarotonga, 2010

Simon's Megalomaniacal Legal Resources

(Ontario/Canada)

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Civil and Administrative
Litigation Opinions
for Self-Reppers

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TOPICS


Reasons for Decision



COMMENT

A very common ground of appeal is that the 'reasons for decision' are inadequate. Decisions (for orders, judgments and similar) should, with rare exceptions, be accompanied by adequate judge's or adjudicator's written reasons. In my opinion, this is a vexed area of law because of the court's refusal to establish firmly a principle that was urged 20 years ago in R v Sheppard (SCC, 2002):
[28] ... The simple underlying rule is that if, in the opinion of the appeal court, the deficiencies in the reasons prevent meaningful appellate review of the correctness of the decision, then an error of law has been committed.
Absence of such 'reasons' simply leaves one in ignorance of the basis for the ruling, what everyone involved should do legally and factually do different in future - and with a profound loss of trust in the legal system. Indeed without written reasons the common law can't exist, as it's 'reasons' - discussed amongst lawyers and subsequent judges - are it's very substance.



CASES


GENERAL

General
Reasons - Adequate Reasons Discussed (+)

Interpretation
Reasons - Presumption of Consistency with Correct Law and Record
Reasons - 'Read Generously'
Reasons - May Be Inferred from the Record

Developments
Reasons - Inadequate Reasons versus Administrative Fairness

Leading Cases and Commentary
Reasons - R v Sheppard (SCC, 2002)
Reasons - Post Sheppard SCC Cases
Reasons - Post-Vavilov Cases

When Reasons Required or Not
Reasons - None Given
Reasons - When a Duty?

Oral Reasons
Reasons - Oral Only

Logistics
Reasons - Late Reasons
Reasons - Corrections
Reasons - Inadequate Time to Write


CONTENT

Content of Reasons
Reasons - Degree of Canvassing Evidence
Reasons - Sufficiency for Review
Reasons - Reasons and Credibility
Reasons - Ignoring Issues
Reasons - Explaining Law
Reasons - Alternative Theories
Reasons - Failure to Make Alternate Findings
Reasons - Not Grounded in Pleadings
Reasons - Failure to Address All Evidence
Reasons - Summary Reasons
Reasons - Where Confidentiality Duties

Copying
Reasons - Third Party Copying
Reasons - 'Self-Plagiarism'
Reasons - Copied Reasons
Reasons - Data-dump Reasons
Reasons - Adopting One Side's Submissions Without More


REMEDY

Remedy
Reasons - Remedy
Reasons - Inadequate Reasons Not a Free-Standing Ground of Appeal?


OTHER

By Specific Types of Cases
Reasons - Administrative
Reasons - High-Volume Tribunal
Reasons - Jury Cautions
Reasons - Municipality
Reasons - Tribunal is Political
Reasons - Proportionate to Importance of Issue to Party ('Responsive Justification')
Reasons - Required When Non-Statutory Powers
Judicial Review - Reasons [LINK /JR]

Practice Critique
Reasons - Inadequate Reasons Arguments and Cynicism
Reasons - Overuse of Argument by Appellants

CC0

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Last modified: 04-11-24
By: admin