The Supreme Court of Canada is giving more and more deference to Trial Judges and the result is that Trial Judges have enhanced power not only within the legal system and also within the government, since the judiciary branch is 1 of 3 branches of government.
Sean Fine, Justice Writer for The Globe and Mail, has pointed out that, “trial judges depend on the quality of the evidence presented to them by lawyers for the parties involved.”
An example of a Trial Judge’s power was demonstrated in the assisted suicide case that the Supreme Court recently ruled on. We discussed that case in a post here.
Most appeals hinge on applying legal concepts to the the evidence presented at trial. With increasing deference by the Supreme Court of Canada and more power to Trial Judges, it becomes more important to keep in mind that parties only have one chance to present their case at trial.
This article is courtesy of the Ontario Civil Trial Manual
Click here for the Ontario Civil Trial Manual
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