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"Ratio Decidendi" (Ontario Law)

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

"Ratio Decidendi" (Ontario Law)

 

The latin expression "ratio decidendi" is one of the most important phrases used in law. It stands for the "legal principle", "the reason behind the decision" or "the rationale of the case".

In essence, this is the important legal maxim drawn from the case. It is the essential part of the decision. Less important matters, or matters which are not material are unnecessary. They are non-essential, and often referred to as "obiter dicta" or "obiter" for short.

The ratio decidendi:

•·        represents the essential elements of the case

•·        recites the fundamental issues in the case

•·        requires a conclusion based of the actual facts in the case

•·        is necessary to the logic of the decision

•·        formulates the legal principles decided in the case

In short, it is the "holding" in a case, or the decision that the court held in a particular case.