PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
A judgment is the final decision about a case made by a judge. The judge may give judgment at the end of the case, but they usually need to take time to consider everything. In this case, they will reserve judgment and release their decision at a later time.
Courts are responsible for deciding the facts of the case. To understand what happened, evidence must be presented to the court. Courts must then act as factfinders to determine what evidence is to be believed and what it means. Once the facts are established, the courts must apply the law to the facts of the case. In doing so, courts will consider statutes, common law and precedent. In jury trials, this will be the job of the jury. The judge’s job will be to explain the law to the jury. Juries do not have to explain why they made their decision, however.
Laws can originate from different sources. Statutes and legislation are written laws created by federal, provincial or municipal governments. Some law is based on accepted civil duties, such as not harming another person or their property. When there are no statutes setting out an area of the law, it is largely defined by a collection of decisions made by judges. This body of law is called the common law.
Laws, whether in a statute or part of the common law, are subject to interpretation. If a court interprets the law one way in a previous case, this can give guidance to a court hearing another case. It can also help lawyers advise their clients as to what a judge is likely to decide in a similar situation. In some cases, courts are bound by how other courts have interpreted a law. In our judicial system, lower courts generally must follow the decisions of higher courts.
Suppose a city wished to have a park where its citizens could spend time enjoying nature in a peaceful, safe place. To help do this, the city council passed a law stating, “No team sports may be played in the park.” While the law may seem clear enough at first, questions may arise in certain situations. Would the law apply to four people throwing a frisbee? A relay team practicing for a track meet? A group of children playing tag? It might not be easy to decide. If there was an earlier case in which a judge had ruled that young children’s informal games are not “team sports,” that decision would be a precedent. If the decision was of a higher court, a lower court would be bound by the precedent. Otherwise, the decision would simply offer guidance.
After hearing the evidence, the court makes findings about the facts of the case. It is common for a court to hear conflicting versions of what happened. There are rules that form the basis for a court determining the facts of the case.
In civil cases, the plaintiff must prove their case on what is called a balance of probabilities. This means that they must satisfy the court that it is more likely than not that their version of what happened is true.
In deciding whether a party has proved their claim on a balance of probabilities, the judge will consider and weigh all of the admitted evidence. This does not mean that a judge must accept all of your evidence or that of the other party. The judge may not accept some or all of the evidence presented by a witness or in a document. This can be for a variety of reasons, including that:
The main portion of a judgment is typically the reasons why a judge decided the way they did. This will include references to the evidence and how the law applies to it. The judge will say whose evidence they believed and why.
A judgment will usually also include an order. This is what the parties are required to do as a result of the court’s decision. One party, for example, may have to pay money to the other for damages. The order may also set a timeline for compliance.
In Small Claims Court, each side will receive a Certificate of Judgment along with the judgment. A Certificate of Judgment will be given whether the case was settled in a case management conference or after a trial. In the Court of King’s Bench, the registrar will notify the parties when the judge has made their decision.
Costs are typically awarded at the conclusion of the trial to the successful party. They can, however, be awarded to any party. In some cases, they can also be awarded before the case is concluded. For example, in Small Claims Court, costs can be awarded any time against a party that without reasonable excuse fails to attend. Costs are meant to help cover expenses related to the lawsuit, though they rarely cover the entire cost.
In Small Claims Court, costs can be awarded for things like filing fees, costs of serving documents or witness fees. Parties must bring receipts to prove the amounts of these costs. Costs cannot be awarded for lawyer-related expenses in Small Claims Court. As well as these costs, the judge can order one party to pay the other party additional costs after taking into account:
The amount that can be awarded based on these factors cannot be more than the greater of $200 or 10% of the amount the successful party was awarded.
In the Court of King’s Bench, costs can be determined by the Tariff of Costs and awarded to the successful party. However, judges also have the discretion to order costs in a different amount or to another party. When deciding on costs, the court can consider:
PLEA offers free online training on preventing and addressing workplace harassment.