Judgments of Justice Joseph Sheard Help


Ontario Government Record Series RG 22-795

Judgments of Justice Joseph Sheard


About these records

Title
Judgments of Justice Joseph Sheard
Dates of Creation
1977-1997
Physical Description

1.5 metres of textual records (5 boxes)

Scope and Content

Series consists of judgments created by Mr. Justice Sheard while serving as a County Court judge (1977-1984), a District Court judge (1984-1989), and judge of the Ontario Court (General Division), later known as the Ontario Superior Court of Justice (1989-1997).

judgments (also known as Reasons for judgment) are detailed explanations of the legal reasoning behind a ruling in a civil or criminal case. Although they may be filed into the court's case file, judges keep their own copies of rulings which they may find useful for future reference, and in particular those which may be appealed, or which make use of new developments in law such as the introduction of the Canadian Charter of Rights and Freedoms.

Some of the Reasons kept by Mr. Justice Sheard relate to rulings on particular parts of a case, such as a motion or a bail hearing. In particular, the Reasons referring to criminal cases are usually Reasons for Sentence rather than Reasons for judgment. Where a ruling has been appealed to a higher court, Mr. Justice Sheard frequently includes a copy of the higher court's Reasons in his file.

While Mr. Justice Sheard kept Reasons only for a selection of his cases, his series reflects the wide variety of cases heard by a middle-level judge in Toronto. He heard criminal cases, as well as appeals from summary criminal convictions in the lower courts. He ruled on estate and charity matters in his capacity as Surrogate Court judge. His civil court caseload included corporate disputes (including some with international disputants), landlord and tenant disputes, appeals from land assessments, and occasionally a divorce.

Reasons appear in three common formats. The first is a formal document prepared for filing, with the full style of cause and court file number clearly indicated. This type most often occurs for civil court cases. The second type is "oral reasons", a transcript prepared by the court reporter from the judge's actual words in court. This type most often occurs for criminal court cases, and sometimes includes, where appropriate, a charge to the jury. The third, least formal, type is a copy of the handwritten endorsement of the judge upon the "record", or official court case file.

Mr. Justice Sheard kept his Reasons for judgment chronologically by year, and alphabetically within year.

Restrictions on Access
No restrictions on access.
Terms For Use and Reproduction
Copyright has been transferred to Archives of Ontario by the donor. There are no restrictions on reproduction. Permission of the Archives of Ontario is required for publication; submit a Request for Permission to Publish, Exhibit or Broadcast Form.
Immediate Source of Acquisition
The judgments were donated to the Archives of Ontario by Mr. Justice Sheard in 2004.
Related Material

See also RG 22-794, Benchbooks of Justice Joseph Sheard.

Accruals

No accruals expected.

Finding Aid
An online listing is available for this series.

View an online list of these records.


Agency or agencies that created these records

These records were created by the following Ontario government agency or agencies. Click on the agency reference code for information about this agency and other records it created.

1977-1984 :

County and District Courts (BA39)

1984-1989 :

District Court (BA40)

1977-1989 :

Surrogate Courts (BA44)

1989-1997 :

Court of Justice (General Division) (BA58)

How to order these records

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Consult the online listing and order by Reference Code RG 22-795 and box number.

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