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1.
Identify the parties to the action/lawsuit- distinguish the plaintiff from the defendant (appellant or respondent at the appeal level);
2.
Summarize material facts in the case: Provide a brief description, in your words, of what happened to give rise to the dispute between the parties. Only the facts necessary to support the end decision and decided the questions the court is being asked to decide should be included under this part;
3.
Identify the issues in the case. These are legal questions that the court must consider or is being asked to decide in the case. E.g. Was the Defendant negligent and caused the motor vehicle accident?
4.
Describe the decision. This is the courts decision, either in favour of or against the Plaintiff or defendant, or in the case of an appeal, in favour of the appellant or respondent.
5.
Provide a summary of the Reasons for the Courts decision on each issue. This is a very important part of the judgment as it will set out also the legal principles established by the case that will be binding on lower courts under the principle of stare decisis and require the lower courts to follow the decision in a similar type of case in the future.
6. Your opinion:
The most important part of the assignment is your opinion of the decision and reasons of the Court. Do you agree or disagree with the Courts decision? Explain why you agree or disagree. Why should the court not simply substitute the minimum employment standards notice under the Employment Standards Act (ESA) if the written employment contract violates the ESA?
Use materials in your readings, audio lectures, live check-in class sessions, and/or PowerPoints to explain your reasons.
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