2
#
&
A Top Tips Series
Top Tips for…
Drafting a Court Report
1) Purpose is Key – Include the purpose of the
report up front, on the first page. This makes it easy for
the Court, from the start, to understand the objective of
the report.
2) Not Just an Update – Avoid stating the
purpose of a report as “to update the Court.” Clearly
state, at the beginning of the report, the issues and
recommendations.
3) Highlight Not Hide – Clearly state, early on,
the real issues or problems addressed in the report. It is
important to bring the Court’s attention to any weaknesses
or concerns in the case.
4) Hyperlink Please – Judges are relying more
and more on the case website as the repository of evidence
to understand the cumulative history of the matter. Some
Justices (ask us which ones!) have explicitly stated that
they would prefer hyperlinks to previous court materials
rather than hardcopies of orders or reports.
5) That’s What’s Different – When delving
into the cumulative history of a case, it is not necessary
to describe each order but rather highlight the parts of an
order which are extraordinary, irregular or which deviate
from the model order.
6) Numbers, Numbers – When referring to
a previous order or report remember to include the
page and paragraph number so the Court may find the
reference easily.
7) Reconciling Differences – It is helpful to
include a reconciliation of budgeted numbers versus actual
numbers, as well as, an explanation for the differences. This
paints a clear picture of the history of the matter.
8) Leave it to Argument – Although the report
forms part of the court record, it should not contain any
legal argument. Rely on legal counsel to ensure the report
does not contain any legal arguments.
2
#
&
A Top Tips Series
The Restructuring and Insolvency
associates at Cassels Brock are pleased
to present the next installation in our
Top Tips Series. Developed for junior
professionals, the series provides basic
tips and advice on the questions most
often asked by our colleagues. Enjoy!
Restructuring and Insolvency Associates
Erin Craddock
416 860 6480 | ecraddock@casselsbrock.com
Rishi Hargovan
416 860 6887 | rhargovan@casselsbrock.com
Eleonore Morris
416 869 5352 | emorris@casselsbrock.com
Monique Sassi
416 860 6886 | msassi@casselsbrock.com
Keri Wallace
To view our complete list of partners and counsel,
please visit www.casselsbrock.com/
PracticeAreas/Restructuring_ _ _ Insolvency
Cassels Brock & Blackwell LLP
is a full service Canadian law firm with more than 200 lawyers
serving the country’s most dynamic business sectors.
© 2014 Cassels Brock & Blackwell LLP. All rights reserved. 04/2014
416 860 2954 | kewallace@casselsbrock.com