What is the test for a ratio decidendi?

British Columbia, Canada


The following excerpt is from Derco Industries Ltd. v. A.R. Grimwood Ltd., 1984 CanLII 513 (BC CA):

In my opinion, no ratio decidendi emerges from the decision of this court in Schetky v. Cochrane that is binding on us in this case. I do not think it is either necessary or desirable, in the urgent circumstances in which this decision is required, to express any opinion on the theory that should be adopted in considering the producibility or admissibility as between the parties to a con­cluded settlement, or as between the parties to inconclusive settle­ment negotiations, of documents or other evidence arising in the course of the negotiations or setting out the terms of the settle­ment itself. The answers to those questions depend on a balancing of competing legal interests. On the one hand, anything which may tend to the finding of the truth should be brought forward. On the other hand, litigants should be encouraged to settle their differences.

Other Questions


Does a declaration of incapacity as to person or estate or both mean a person can still be appointed to a committee? (British Columbia, Canada)
What are the "basic requirements" of a valid and enforceable contract? (British Columbia, Canada)
How have the courts treated chronic pain as an insignificant cause? (British Columbia, Canada)
Can a finding of undue influence be based on the balance of probabilities? (British Columbia, Canada)
Can a court order that the names and addresses of class members who have opted out of a class action? (British Columbia, Canada)
Does the date of retroactivity in a consent order apply when the respondent’s financial circumstances materially changed? (British Columbia, Canada)
What is the effect of the Stockdale principle on damages? (British Columbia, Canada)
How much spousal support has been awarded to a payee wife who received training as a resident care attendant? (British Columbia, Canada)
Can a will-maker's moral duty be diminished or negated entirely where he or she has made inter vivos gifts to a claimant? (British Columbia, Canada)
Is a tortfeasor entitled to an award for the services of his mother and mother-in-law as a result of her negligence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.