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Lecture 2

LAWS 2908 Lecture Notes - Lecture 2: Provincial Superior, Fiduciary, Summary Offence


Department
Law
Course Code
LAWS 2908
Professor
Zeina Bou- Zeid
Lecture
2

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What is a Case?
- The outcome of a legal dispute. However, a case itself is the decision made by a judge
articulated in a set of reasons.
- At lower courts judges will often just give oral reasons, not written.
- An account of the reasons for the decision, grounded in the facts, issues, rules, and
policies.
- A ‘story’ about a dispute (in terms of how facts and issues are framed, how evidence is
interpreted or understood, and how legal precedents are deployed.
There are different kinds of Cases
- Trial
- A Trial court judges spends a lot of time hearing evidence from witnesses and
experts as well as submissions on the applicable law (precedents, cases,
statues). A trial court judge also crafts the initial order or remedy.
- Starting/trial level.
- Appeal
- An Appeal court in reviewing the trial decision, is not concerned with findings of
facts (doesn’t hear new evidence) but focused on whether the trial judge used
the correct legal principles and applied them correctly
- Intermediate or final level.
More than ‘Just a Story’
- Cases carry authority - they are the law, they are enforced and to be followed.
- Involves the use of ‘legal language’, a form of discourse which carries power.
- Thus, cases are “reason disciplined by power”; language of law is backed up by force;
changes behavior; gives remedies or rights (benefits).
- How cases get filtered down to us through the law.
Court Structure
- Supreme Court of Canada - Highest Court since 1949
- Provincial Courts
- Court Martial (Appeal Courts)
- Military Courts
- Federal Court of Appeal
- Federal Court (Trial Division)
- Tax Court
- Provincial Courts of Appeal
- Provincial Superior Courts (Ontario Superior Court of Justice
- Provincial Court
Ontario Court Structure
- Supreme Court of Canada
- Ontario Court of Appeal
- Ontario Superior Court of Justice
- Ontario Court of Justice
Supreme Court of Canada
- 9 Judges
- Final Court of Appeal
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