Insufficient reasons are a common basis for appeals to be granted.
Harrison v. Burns, 2011 ONCA 664, released this morning, holds that, in some cases, written reasons are necessary:
[7] In our view, the appeal can be resolved on the basis of the fourth issue. In R. V. Sheppard, [2002] 1 S.C.R. 869 at para. 18, Binnie J., quoting Baker v. Canada (Minister of Citizenship and Immigration, [1999] 2 S.C.R. 817, said that "in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for the decision."
[8] This is clearly one of those cases. The serious jurisdictional issue in light of Burns' bankruptcy in New Brunswick, the relationship between the Ontario action and the New Brunswick proceedings, and the fact that Burns was representing himself by telephone from New Brunswick, taken together, required that the motion judge provide an explanation for his decision. He did not do so.
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