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Sufficiency of Reasons Discussed by ABCA Decision

Posted By Shaunna Mireau On November 20, 2012 @ 7:00 am In Substantive Law: Judicial Decisions | Comments Disabled

The Edmonton Journal headline reads “Edmonton judge’s cut-and-paste findings tossed by appeal court [1]“. The sensational headline is about a decision cited University of Alberta v Chang, 2012 ABCA 324 [2] (linked to the Alberta Courts website).

The appeals were from two chambers decisions:
University of Alberta v. Chang, 2011 ABQB 595 (CanLII), http://canlii.ca/t/fp692 [3]
University of Alberta v. Chang, 2011 ABQB 596 (CanLII), http://canlii.ca/t/fp6bv [4]

In the above decisions, the judge granted the applications to dismiss the case for delay and prosecution and dismissed the actions.

The Court of Appeal was very critical of the reasons:

[17] The chambers judge followed his practice of cutting and pasting paragraphs from the
briefs filed by the parties, having those paragraphs retyped, and then signing them as “Reasons
for Judgment”…

The ABCA decision [2] is a good read and summarizes particulars of what would constitute inadequate reasons.


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URL to article: http://www.slaw.ca/2012/11/20/sufficiency-of-reasons-discussed-by-abca-decision/

URLs in this post:

[1] Edmonton judge’s cut-and-paste findings tossed by appeal court: http://www.edmontonjournal.com/news/Edmonton+judge+paste+findings+tossed+appeal+court/7568202/story.html

[2] University of Alberta v Chang, 2012 ABCA 324: http://www.albertacourts.ab.ca/jdb/2003-/ca/civil/2012/2012abca0324.pdf

[3] http://canlii.ca/t/fp692: http://canlii.ca/t/fp692

[4] http://canlii.ca/t/fp6bv: http://canlii.ca/t/fp6bv

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