Legal Blog

Appeal – Discretion/Reasons for Decision/Standards of Review

Read Jones Christoffersen Ltd. v. Neilas Inc. 2016 Ont CA

Judge granted judgment on summary judgment motion, stating only that he found there was no genuine issue for trial (i.e. he made no findings of facts and gave no reasons for his conclusion, nothing). The Court of Appeal set aside the decision because the decision did not meet the minimum standards for meaningful appellate review: reasons have to provide “insight into how the legal conclusion was reached and what facts were relied upon in reaching that conclusion.” The Court felt that it would be unfair to “visit the costs on either party at this stage of the proceedings.” It therefore fixed costs of the appeal at $7,500, payable in the cause.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.