The Use of Endorsements by Canadian Trial Courts
It seems to me that Manitoba’s Court of Queen’s Bench is increasing its reliance on endorsements. These do not appear to be published on CanLII or any other case law database. For instance, in JAP v MJP, 2018 MBQB 1, an endorsement issued by Rivoalen A.C.J. is referenced in para. 4, and in DW v Peguis CFS, 2016 MBQB 32, an unreported endorsement by Dueck J. is referred to in para. 34. Perhaps, at least in summary judgment matters, this is a response to the comments of the Manitoba Court of Appeal in Hyczkewycz v Hupe, 2016 MBCA 23 in para. 5.
I know this is an issue that has been discussed on Slaw before, but how are endorsements being used by trial courts in your jurisdiction nowadays? I know that endorsements are used frequently in Ontario, but are all of them published? It seems to me that Alberta’s Court of Queen’s Bench is using endorsements more frequently, but they appear to be publishing them on CanLII (for example, Alberta Health Services v Health Services Association of Alberta, 2018 ABQB 56). Obviously there can be limits on their usefulness, but at present I am mostly interested in whether or not such endorsements are being published by other trial courts.
Do trial courts in your jurisdiction regularly prepare endorsements? If so, are they published?
I would like to see published endorsements. Case law is very helpful in guiding clients on unclear areas of the law or areas in which there is a broad discretion available to the court, in assisting them in predicting a possible range of outcomes if they proceed with their case. The endorsement use in the JAP v. MAP trial was with respect to a prior finding of fact as to the Petitioner’s income in her separate family matter so a little bit of a different use was made of it in that case.
I am actually unaware of the distinction between written reasons and an endorsement so I am unclear as to why the court would choose one form over the other?