How to Write a Case Brief for a Canadian Legal Decision

What is a Case Brief in the Legal Profession?

Description: A “Case Brief” is an important tool in the legal profession. Looking at a particular case, a Case Brief involves four elements: (i) a succinct summary of the critical facts; (ii) the applicable principles of law considered; (iii) the ratio of the case (the reasons for decision given by the judge); and (iv) the relevance of the decision to yourself and the business world.In this group assignment each group will summarize a legal decision made by a judge(s) in a Canadian trial or appeal court. Each student must pick their own case for analysis. Pick a case that has a significant degree of relevance to the business world in Canada. The case can come from any level of court in Canada provided that has been decided in the past 50 years. Weight: 20% of final grade Components: The case summary shall be presented as a written Case Brief no longer than eight (double-spaced) pages in length using Times New Roman 12-point font and 1-inch margins on all sides. Additional pages will NOT be graded. Your Case Brief does not have to be the full eight pages if you can accomplish what you need to do in less space.Written Brief: Delivered to the Professor in hard copy in class or at his office on or before April 2, 2020. At the start of your Case Brief, provide the case name, the court and the year the case was decided. Next, summarize the case using the following recommended guidelines:1.Describe and explain the facts of the case•The key aspect of this is to identify the relevant facts. This does not necessarily mean all of the facts that are discussed by the judge. Rather it means identifying and describing those facts which touch upon the important issues in the case. If there are issues surrounding the proof of certain facts or the admission of certain evidence only discuss those facts if they affect the outcome of the issues in question. •An important part of the facts can include (if it is applicable) the legislation or regulation the court is asked to consider. If a statute, regulation or by-law is relevant to your case summarize it – don’t simply recite it.2.Describe and explain the legal issues in the case. 2 •The issues presented to the court in the case are essentially the questions that the court must answer in arriving at its decision. •Stay focused on the primary issue or issues. An important aspect of summarizing a case is determining which issues are the most important.

3.Describe the Decision the Court Reached in the Case and the Reasons for the Decision•Focus on the judge's decision and the reasons given by the judge(s).•In appeal cases the decision is often heard by more than one judge. Sometimes they don’t unanimously agree. The outcome of the case is determined by the majority of the judges. Judges that disagree often provide their reasons in the form of a dissenting opinion. Your focus should remain on the decision of the majority of the judges – Do not discuss any dissenting opinion.•The reasons for judgment should tie into the issues, whenever possible. Ask the questions: How did the judge(s) answer those questions? What were their reasons for answering those questions in the way that they did?•The task of the court in each case is to apply the law or legal principles to the facts so as to arrive at an answer. Sometimes judges need to expand or develop the legal principles to meet the particular facts of the case (this doesn’t happen in every case). Your summary should consider how the court applied or developed the legal principles in reaching its decision. 4. Describe the impact of the case on business•This is where you can explain why you chose this particular case, and why it is especially relevant to Canadian business. •This part of your summary should also consider whether the decision says something about the law beyond simply how the outcome affected the parties to the dispute. How will the legal principles discussed in this case be applied in other similar cases and are there ethical issues that should be considered? •Answer the question: What does this case say about the impact of the law on businesses? What can we learn from this to avoid these kinds of problems in the future – What should have been done differently in this case and by others in the future? Note: Quoting the case, where appropriate, is permitted. No formal citation other than Judge X says, or the Judge / Case says, “..................” This is sufficient attribution for this assignment. You do not require APA citation nor will marks be given or taken away for using or not using that format.