Andraws v. Anslow: Reasons For Judgment Must Be Adequate To Facilitate Proper Appellate Review

The British Columbia Court of Appeal in Andraws v. Anslow found that a trial judge's reasons for judgment were inadequate, as they did not allow for meaningful appellate review. The plaintiff's appeal from the dismissal of her action for damages was correspondingly granted. The decision provides guidance and illustrates the necessity of having reasons that are adequate for grounding a proper appellate review.

Background

The plaintiff launched an action for damages arising from injuries allegedly suffered in a motor vehicle accident in which she was rear-ended. The trial judge concluded that, on a balance of probabilities, "no injuries were occasioned by the accident". However, the Court of Appeal found that the reasons were unclear as to whether the trial judge found that the plaintiff was not injured at all, or whether he found that the plaintiff was injured but not as a result of the accident.