Helpful?
Yes No Share to Facebook

Judicial Decision Reasons:

The Requirement of an Explanation of the What and Why



Last Updated: April 10 2026

Question: What can I do in Ontario if a Small Claims Court judge didn’t explain the reasons for the decision?

Answer: If the judge’s reasons don’t clearly explain what was decided and why, you may have grounds to appeal based on an error of law, and PKM Legal Services can help you review the record, assess appeal deadlines, and prepare next steps as an Ontario paralegal service.  Ontario courts have confirmed that Small Claims Court reasons must still be sufficient to permit meaningful appellate review, including in Elnasr v. Mostafa, 2022 ONSC 1735 and Doerr v. Sterling Paralegal, 2014 ONSC 2335.

Judges Are Required to Explain the Reasons for a Decision

The decisions that are made by a judge, including the decisions made in a Small Claims Court case, are required to include explanations of the reasoning for the decision.  The requirement to provide reasons is necessary to the judicial process whereas, if necessary, the reasons may be reviewed for errors, among other concerns, at a subsequent Appeal.

The Law

Judges, including Small Claims Court judges, carry the duty of providing the reasoning upon which a judicial decision was made. The requirement of a reasoning was stated in Elnasr v. Mostafa, 2022 ONSC 1735, where it was said:

[28]  In assessing the sufficiency of the Deputy Judge’s Reasons, I acknowledge the tremendous volume of matters in the Small Claims Court as well as the informal nature of the Small Claims Court. As stated in Maple Ridge Community Management Ltd. v. Peel Condominium Corp. No. 231, 2015 ONCA 520, 389 DLR (4th) 711, at paras. 34 and 35:

[34]  The Small Claims Court is mandated under s. 25 of the Courts of Justice Act, R.S.O. 1990, c. C.43, to “hear and determine in a summary way all questions of law and fact and may make such order as is considered just and agreeable to good conscience.” The Small Claims Court plays a vital role in the administration of justice in the province by ensuring meaningful and cost effective access to justice for cases involving relatively modest claims for damages. In order to meet its mandate, the Small Claims Court’s process and procedures are designed to ensure that it can handle a large volume of cases in an efficient and economical manner.

[35]  Reasons from the Small Claims Court must be sufficiently clear to permit judicial review on appeal. They must explain to the litigants what has been decided and why: Doerr v. Sterling Paralegal, 2014 ONSC 2335, at paras. 17-19. However, appellate consideration of Small Claims Court reasons must recognize the informal nature of that court, as well as the volume of cases it handles and its statutory mandate to deal with these cases efficiently. In short, in assessing the adequacy of the reasons, context matters: Massoudinia v. Volfson, 2013 ONCA 29, at para. 9. Just as oral reasons will not necessarily be as detailed as written reasons, reasons from the Small Claims Court will not always be as thorough as those in Superior Court decisions. Failing to take the Small Claims Court context into account only serves to restrict access to justice by unnecessarily imparting formality and delay into a legal process that is designed to be informal and efficient.

[29]  Or, in other words, to permit meaningful appellate review, the reasons must adequately express “what” was decided and “why” it was decided, see: Maple Ridge, at para. 24Law Society of Upper Canada v. Neinstein, 2010 ONCA 193, at para. 61.

[30]  If the reasons are not sufficiently detailed to understand “the what” and “the why” for the decision under review, then this is an error in law and the standard of review is correctness, see Maple Ridge, at para 22Barbieri v. Mastronardi, 2014 ONCA 416, at para. 22.

Conclusion

A judge for a case in the Small Claims Court is required to provide reasons for a decision.  Although an explanation in a Small Claims Court case may be provided without the level of details expected in a higher court case, the reasons must be adequate for review upon an Appeal.

At
Our Desk Now!
Need Help? Let's Get Started Today

NOTE: Do not send confidential information through the web form.  Use the web form only for your introduction.   Learn Why?
5

NOTE: A significant quantity of online searches utilising “lawyers near me” or “best lawyer in” frequently indicate a demand for prompt and competent legal assistance, rather than a precise professional designation.  In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and can represent clients in specific legal proceedings.  Advocacy, legal assessment, and procedural adeptness are fundamental to this role.  PKM Legal Services provides legal representation within its licensed authority, focusing on strategic positioning, evidentiary preparation, and compelling advocacy with the goal of achieving effective and beneficial outcomes for clients.

AR, BN, CA+|EN, DT, ES, FA, FR, GU, HE, HI
IT, KO, PA, PT, RU, TA, TL, UK, UR, VI, ZH
Send a Message to: PKM Legal Services

NOTE: Do not send confidential details about your case.  Using this website does not establish a legal-representative/client relationship.  Use the website for your introduction with PKM Legal Services. 
Privacy Policy & Cookies | Terms of Use Your IP Address is: 216.73.216.227



Assistive Controls:  |   |  A A A