What is precedent?
In the Canadian legal system, the courts are bound by their previous decisions. This means that if an issue has been addressed by the court in a previous matter, the outcome should be the same in the current matter.
The purpose of precedent is to create consistency and predictability in the law. It means that a judge does not use only their own logical reasoning to decide a case but looks to their past colleagues to see their decisions.
In theory, this means that if two people bring identical cases – with the only difference being the parties involved and the date the incident occurred – they should get identical judgments.
How does precedent impact your case?
Precedent will play a key role in determining how your case resolves. Precedent can be used in many ways. Two of the most common ways are in interpreting the law, and in assessing damages.
Interpreting the Law
Precedent will be used to interpret the law so that everyone who is subject to that law is treated the same way.
For example, if there was a law that read, "No one shall park on Main Street after 4:00 p.m." there might be a dispute about whether that law includes 4:00 p.m., or if it only applies to 4:01 p.m. and later. If you received a ticket for parking on Main Street at 4:00 p.m., you might want to argue the law only applies to parking at 4:01 p.m. or later. If you were the first person to argue this point, and the judge agreed, then that ruling would apply to all future cases, as well. Anyone who parked on Main Street at 4:00 p.m. in the future would not be ticketed.
This is an interpretation of the law, which is then made into a precedent. The precedent could even be used on similar, but not identical, cases. If there was another law that read, "No one shall park on 2nd Avenue after 5:00 p.m." then the precedent would likely apply to those cases, as well – even though the time is different, the underlying logic stays the same.
Interpreting Damages
When you begin a lawsuit, you are often seeking a specific remedy from the other side. This could include completion of a contract, return of goods, or compensation for injury. These remedies are called "damages." Sometimes, your damages will be obvious. Other times – particularly when there has been an injury – the damages are less clear. For example, how do you determine the monetary value of a broken arm?
Precedents will allow consistency in these findings. If someone breaks their arm and they are awarded $50,000 in damages for that injury by the court, then you could expect to be awarded a comparable amount if you broke your arm.
In these ways, precedents can impact the interpretation of the law around your case.
How do you use precedent to your advantage?
There are many ways to use precedent to your advantage. If a previous case is very similar to your own case, and you want the same outcome, then you can present that information to the court. By showing how and why the facts are similar, you can argue that your case should be treated the same.
You can also do the opposite. If the other party has a case that is bad for you, you can argue that the case is different enough that the precedent should not apply.
Returning to the example of the law that says, "No one shall park on Main Street after 4:00 p.m." that law may be a useful precedent for other restrictions related to the time – whether it's 5:00 p.m., 4:30 p.m., or 12:25 a.m. However, it might not be a useful precedent for a law that says, "No one shall park on Main Street on Mondays." There may be enough of a difference in those two laws, that each needs to be interpreted separately.
Finally, there are some instances where precedent does not, or cannot, apply. If your case has a trial by judge and jury, you are limited in what you can tell the jury. They are often not bound by precedent.
Conclusion
In conclusion, precedent is a system of relying on previous decisions to allow consistency in future decisions. It seems very simple on the surface, but as you look at past decisions and the specific reasons those decisions are made it can become quite complex. Navigating the interpretation of precedents can often make or break a case. We always recommend speaking to a lawyer about these issues.
If you have an ongoing case and need assistance, our team of experienced, highly qualified lawyers may be able to assist.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
