What is the difference between majority dissenting and concurring opinion

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For example, if eight judges agree on a matter, the single judge who disagrees would write their dissenting decision. An example of this occurs in the case of Toronto-Dominion Bank v Young.

In addition to the majority and dissenting decisions, there is a third type of decision a court can deliver called a concurring decision. These decisions result when a judge agrees with the ultimate conclusion made by the majority of the court but disagrees on how they reached that decision.

This resulted in Chief Justice Dickson writing the majority decision for the court, which represented the decisions of himself, and Justices La Forest and Sopinka. Justice Lamer as he then was [4] wrote a concurring decision.

A precedent is set by a decision from a higher court which a lower court judge must follow when facing a case with similar facts. For example, a trial court in Alberta is bound by the decisions of the Alberta Court of Appeal, which is a higher level of court, as well as the decisions of the Supreme Court of Canada.

Even though the Supreme Court of Canada is not bound by its previous decisions, the Court will often follow those previous decisions to allow for consistency and certainty in legal interpretation.

For example, in the Rodriguez [7] decision, Justice McLachlin as she then was wrote a dissenting opinion, which later influenced the majority decision in the Carter [8] decision dealing with medical assistance in dying. With some exceptions, [9] only the Supreme Court has the ability to change how courts are to interpret the law. However, there must be good reason for the Court to overrule a previous decision, such as a change in social realities or a different legal principle being raised. Sometimes there can be multiple sets of concurring decisions.

More concurring decisions can make it more difficult to understand the main point of a case. Begin typing your search term above and press enter to search. Press ESC to cancel. Skip to content Home What is the difference between a majority opinion minority opinion and concurring opinion in a case decision? Ben Davis May 14, What is the difference between a majority opinion minority opinion and concurring opinion in a case decision?

What is a minority Judgement? What is a majority opinion and why is it important? What is an example of dissenting opinion? What is the majority opinion in a ruling? Who wrote the majority opinion? How many opinions does the Supreme Court issue in a year? What was the most recent Supreme Court case? What cases will the Supreme Court hear in ?

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