The Role Of Precedent – Personal Injury

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 2^nd 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.

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