How to Prepare a Case Brief in SLATE Assignments Module

Part 1

Part 1:

In the “Assignments” module in SLATE, I have posted a selection of decisions from various tribunals.  You are to review the decisions, select ONE and prepare a Case Brief.

At the top of your case brief, identify the name of the case, the tribunal, and the date of the decision. For example:

Purpose:      a brief statement of the reason the matter is before the tribunal (e.g. “This matter before the Landlord and Tenant Board is a Landlord Application to Terminate the Tenancy due to illegal activity”). The purpose statement should identify the tribunal, who has applied to the tribunal and what the tribunal needs to decide. It answers the question “what is this case about?” in 1-3 sentences.

Facts:  a brief outline of the relevant facts (do not cut and paste). The relevant facts are the facts that the adjudicator relies on to decide the issues in dispute. Focus on the facts as determined by the adjudicator, rather than each parties’ version of events.

Issue(s):  a statement of the legal issue(s) to be determined formatted as a question or questions.

Law:  outline the law (statutory and any common law referred to) relied upon in the decision. Identify the legal source using proper citations and explain how it was used by the adjudicator to decide the issues. Full marks will not be given to a list of legal sources without any explanation of their relevance.

Decision/Reasons:  a summary of the adjudicator’s reasoning and decisions. If there are multiple issues, be sure to provide the decision on each issue.

Disposition:  in a few words, the final outcome of the matter. By disposition, I am looking for how the matter was legally disposed of. For example, “The appeal was dismissed” or “The application was allowed.”

Opinion: in a paragraph or less, provide an opinion on the case. Your opinion must be reasoned (i.e. do not simply state “I agree with this decision. It’s a good one.”). You may wish to consider whether the decision is logical, whether the adjudicator considered all relevant facts and applied the law fairly, whether the decision relates to broader social issues, whether one party was at a disadvantage, what the case tells you about the legal system in Ontario, access to justice or administrative law, or whether the decision sets a good precedent for future cases. Please do not discuss all of these questions. I would like to know what you think about the case and why.

The brief should be no longer than 4 pages in length using 12 point Times and double-spaced. You should refer to the parties by their position in the matter (e.g. Appellant and Respondent or Landlord and Tenant, NOT Ms. Smith and Mr. Singh). You should review the sample case briefs posted in Course Resources as guides.

Part 2:

Identifying the tribunal from Part 1, answer the following questions in complete sentences using proper grammar, sentence structure and punctuation:

1.Identify the enabling legislation under which the tribunal has its authority.
2.Identify the rules of procedure that apply to the tribunal. Does the SPPA apply to the tribunal? How do you know?
3.What is the nature of the tribunal, that is, what types of issues or matters does it deal with (i.e. what is its jurisdiction)?
4.What is the tribunal’s remedial authority? What types of orders can it make? Cite the statutory authority.
5.If a party is unhappy with the final decision of the tribunal, what can it do? Cite the statutory authority for your answer.

You must include a properly formatted title page. A sample title page is in the “Formal Writing Expectations” document in SLATE – Course Resources. You should also review the writing expectations as your assignment will be graded based on it.