Reasons matter

Some days there aren't many interesting cases released. That's pretty well true today -- I lost a case in the Court of Appeal but it is hardly worth reading -- but there is an interesting aside in Gore Mutual Insurance Company v. Chau, 2009 ONCA 380.

Absent reasons, an appeal will proceed effectively as a hearing de novo:

[1]               The motion judge dismissed the appellants' motion to set aside a default judgment holding, "there is no merit in the grounds alleged in the motion."

[2]               In the absence of reasons, the motion judge's decision is not entitled to deference.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777