LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – “Questions for Determination” v. “Issues for Determination” – Substance Over Form

“Questions for determination” and “issues for determination” have the same effect and meaning. However, court rules specify that “issues for determination” should be set out in briefs. The difference is semantic, not substantive. Substance over form applies—using one phrase instead of the other does not invalidate a brief if the intended meaning is clear. Courts should not strike out briefs for using “questions” instead of “issues.” The purpose is to identify the disputes requiring resolution. Strict adherence to terminology is not required. The principle prevents technical dismissals based on word choice. The court looks at whether the brief clearly sets out the matters for determination, regardless of the label used.