Simon's Legal Resources

Reasons - Remedy

. Canada Forgings Inc. v. Atomic Energy of Canada Limited

In Canada Forgings Inc. v. Atomic Energy of Canada Limited (Ont CA, 2024) the Ontario Court of Appeal comments on appellate remedies for 'inadequate reasons' appeal arguments:

[24] While these principles apply to both criminal and civil appeals, courts have traditionally been reluctant to order a new trial in civil matters, unless the interests of justice plainly require it, which would only follow a finding that a substantial wrong or miscarriage of justice has occurred: Brochu v. Pond (2002), 2002 CanLII 20883 (ON CA), 62 O.R. (3d) 722 (C.A.), at para. 68.

. Benton v. Graham

In Benton v. Graham (Div Court, 2023) the Divisional Court (emphatically) notes the appellate remedy for 'inadequate reasons':

[14] Reasons must be sufficient to permit appellate review: Diamond Auto Collision Inc. v. Economical Insurance Group, 2007 ONCA 487, paras. 11 and 12. Where the appellate court cannot understand the legal basis for the decision or the factual findings underpinning the decision, there is no alternative but to grant the appeal: Read Jones Christofferson Ltd. v. Neilas Inc., 2016 ONCA 321, paras. 6-7.