Trite Law Canada

...It is trite to state that much more is needed for an appellate court to disrupt findings of fact made by a trial judge. Reid v. Mkhize, 2026 ONSC 2332 at para. 28.

During the hearing of the appeal, the appellant’s approach to that issue did not change. At most, the appellant simply took issue with [the trial judge's] findings by claiming that they were “incorrect”... 🧵1/2

... (2) “the Supreme Court of Canada has found that the legislature must use clear language to remove traditional jurisdiction from the Superior Court of Justice to an administrative tribunal”. At para. 21, 27. 🧵2/2

“The Appellant’s first two arguments are trite law”: (1) “ the Supreme Court of Canada has found that punitive damages are available at common law” and ... 🧵1/2

Thanks to @Levismith19 for this one: It is trite law that the Federal Court must strike an application for judicial review where the application is “so clearly improper as to be bereft of any possibility of success”. Iris Technologies Inc. v. Canada, 2024 SCC 24 at para. 62.

... Parkdale Community Legal Services (EGALE) v. Canada, 2024 CanLII 28282 (F.C.) at para. 36. 🧵2/2

[36] It is trite law that the grounds alleged in a Notice of Motion as the basis upon which the relief sought on a motion ought to be granted must be substantiated by the evidence filed on the motion as well as supported by the law relied upon. 🧵1/2

“[I]t is trite law to say that costs are always in the discretion of the Court.” LC v Alberta (Child Welfare), 2023 ABKB 334 at para. 14.

“It is trite law to say that, generally, courts should not permit an issue to be raised for the first time on appeal.” South Glengarry (Township) v. Laporte, 2023 ONCJ 234 at para. 47.

“It is trite that a trial judge is entitled to be accept all, none or some of a witness’ evidence.” Avdeeva v Khousehabeh, 2023 ONSC 775 at para. 65.

“It is trite law that a question put to a witness is not evidence. Rather, the evidence is the testimony given by the witness in response to the question.” Trejo v Pro-Align Heavy Suspensions Ltd., 2023 BCSC 929 at para. 35.

It is trite to say that parties are entitled to procedural and substantive fairness before administrative bodies. Alberta Energy v Alberta (Information and Privacy Commissioner), 2024 ABKB 198 at para. 48.

It is trite to say that a guilty plea is always mitigating on sentence. R v Tamasi, 2024 ABKB 215 at para. 48.

...It cannot be avoided simply by having some other lawyer in the same firm swear the affidavit or take the witness stand… [T]his is trite law in Saskatchewan. Beauchamp v Beauchamp, 2023 SKKB 88 at para. 14.

[It is a] well-established proposition that lawyers should not be advocates and witnesses in the same matter. This rule does not apply to any particular lawyer; the entire firm is bound by this ethical rule...

It is trite that adjudicators must give sufficient reasons justifying the conclusions they reached. Johnston v Octaform Inc., 2024 BCSC 537 at para. 116.

It is trite to say that there must be an evidentiary foundation for every pre-trial Charter application, whether by way of agreed statement of fact, affidavits, or viva voce evidence. CD v The Crown, 2023 CanLII 43073 (NLPC) at para. 6.

But wait, there's more: It is trite law that there is no duty to warn of an obvious danger. Francoeur v Le Kozy Bar Inc., 2023 NBKB 89 at para. 99.

It is trite law that the pleadings determine relevance. Francoeur v Le Kozy Bar Inc., 2023 NBKB 89 at para. 66.

It is now trite law that the defence also has an obligation with respect to disclosure: it must pursue receipt of disclosure with due diligence. R. v Meawasige, 2023 ONSC 2907 at para. 32.