Reasons May Be Brief

Today’s Court of Appeal decision in R. v. Haller, 2008 ONCA 517 has a small obiter dicta worth noting. The Court, in passing, points out that decisions given in very busy trial courts, generally criminal cases in the Ontario Court of Justice but presumably also in some Family Courts and perhaps Small Claims Court, may be abbreviated so long as the crucial function of reasons – to let the parties know why what was decided was decided and to allow for appellant review – is met.

The Court says:

We make the obvious observation that a trial judge is not required to refer to every piece of evidence led at trial. That is especially so where, as here, the trial judge in our busy provincial courts gives oral reasons after a short and simple trial.