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Form of Order

Schnarr v. Blue Mountain Resorts Limited 2018 Ont C.A.

The court noted that an order reflects the ultimate decision, not the reasons for it. Conclusions regarding issues are not to be in the order, absent a request for a declaration. Further, when costs are determined on a different date than the merits, there should be two orders, each with the appropriate date: one relating to the merits and the other relating to costs. This decision related to an appeal in the Court of Appeal, but would seemingly apply to a trial decision and order(s).

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