LAWS 2908 Lecture Notes - Lecture 2: Provincial Superior, Fiduciary, Summary Offence
11 Mar 2018
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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. 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. 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. Cases carry authority - they are the law, they are enforced and to be followed.
