How to read and brief a Canadian court decision

Read the whole decision first

Before taking notes, read the decision through once at a steady pace. First reading tells you what happened, what was decided, and roughly why. Note only the paragraphs you want to return to. A brief drafted from a single close reading tends to over-quote and miss the court’s structure; a brief drafted after a full read is shorter and more accurate.

Citation, style of cause, court, and decision date

Record the citation exactly as it appears on the decision, including the neutral citation where available. Record the style of cause using the parties’ names as written on the first page. Record the court, panel size, and the date the decision was released. This header information anchors every later note.

Procedural history

Summarise how the case reached this court. Note the trial court’s disposition, any intermediate appellate rulings, and the standard of review the current court applies. A brief that omits procedural history often misreads what the court actually decides on appeal.

Material facts

Material facts are those the court itself identifies as relevant to its reasoning. Include only what you would need to explain the decision to another student who has not read it. Distinguish undisputed facts from findings by the trial judge and from allegations that were not proved.

Issues

Frame issues in the same terms the court frames them. If the court lists three questions, list three questions. Resist the temptation to reframe issues in your own preferred vocabulary, because it can hide what the court actually decided.

Disposition and holding

Record the operative order: appeal allowed or dismissed, remedy granted or refused, matter remitted, costs award. The disposition is often stated near the beginning and repeated at the end. Both statements should match.

The governing rule or test as stated by the court

Copy the rule or test the court states it is applying, in the court’s own words where possible. Note any elements or stages. Do not paraphrase in a way that changes the rule. If the court adopts a rule from an earlier decision, record which earlier decision.

Ratio, other reasoning, and obiter

The ratio is the reasoning necessary to the disposition, stated at the level of generality the court itself uses. Other reasoning, including obiter, is discussion not necessary to the disposition. In Canadian practice the line between ratio and obiter is often contested; describe your best reading and flag anything on which reasonable readers may differ. Cautious phrasing is a virtue in a student brief.

Majority, concurring, and dissenting reasons

Note who wrote for the majority and who joined those reasons. Concurring reasons agree with the disposition on different reasoning; dissenting reasons disagree with the disposition. Record the key point of any concurrence or dissent, because those reasons may become influential later.

Party submissions vs the court’s conclusions

Decisions often recite each party’s position at length. When you brief, separate what the parties argued from what the court concluded. A note beside each proposition, for example “court, para 34” or “appellant’s submission, para 12”, prevents later confusion.

Pinpoints and later treatment

Record paragraph pinpoints for every proposition in your brief. Before relying on the case, note it up to check whether it has been considered, followed, distinguished, overruled, or superseded by legislation. Later treatment can change what the case stands for even where the reasoning itself has not been rewritten.