R. v. McManus, 2017 ONCA 188: (c) The Relevant Principles [63] To be admitted into evidence, an expert’s opinion must be (1) logically relevant to an issue in the proceedings; (2) necessary to assist the trier of fact; (3) not precluded by an exclusionary rule; and (4) tendered by a properly qualified
Continue readingAuthor: James C Morton
Morton's Musings: Lawsuits are to be determined on the pleadings
Moore v. Sweet, 2017 ONCA 182: [39] This Court has made it clear on a number of occasions that lawsuits are to be decided within the boundaries of the pleadings (i.e., the documents framing the issues), and based on findings and conclusions that are “anchored in the pleadings, evidence, positions or
Continue readingMorton's Musings: Lawsuits are to be determined on the pleadings
Moore v. Sweet, 2017 ONCA 182: [39] This Court has made it clear on a number of occasions that lawsuits are to be decided within the boundaries of the pleadings (i.e., the documents framing the issues), and based on findings and conclusions that are “anchored in the pleadings, evidence, positions or
Continue readingMorton's Musings: Better to Be Fair Than Fast
Traditionally in Canada very serious criminal cases go to trial only after they have been reviewed by a judicial officer who hears from witnesses and decides there is enough evidence to make a trial necessary. The idea is that someone ought not to be put on trial for a serious
Continue readingMorton's Musings: Better to Be Fair Than Fast
Traditionally in Canada very serious criminal cases go to trial only after they have been reviewed by a judicial officer who hears from witnesses and decides there is enough evidence to make a trial necessary. The idea is that someone ought not to be put on trial for a serious
Continue readingMorton's Musings: Role of Trial Judge: Nelson (City) v. Mowatt, 2017 SCC 8
It is not the role of appellate courts to second‑guess the weight to be assigned to the various items of evidence. Absent palpable and overriding error — that is, absent an error that is plainly seen and has affected the result — an appellate court may not upset a fact‑finder’s
Continue readingMorton's Musings: Role of Trial Judge: Nelson (City) v. Mowatt, 2017 SCC 8
It is not the role of appellate courts to second‑guess the weight to be assigned to the various items of evidence. Absent palpable and overriding error — that is, absent an error that is plainly seen and has affected the result — an appellate court may not upset a fact‑finder’s
Continue readingMorton's Musings: Speedy Trial
How long should a criminal case take to get heard? The Canadian Constitution provides that anyone charged with an offence is entitled to a speedy trial. The concept is that having a charge hanging over your head for a long time is not fair – what's more evidence for trial
Continue readingMorton's Musings: Speedy Trial
How long should a criminal case take to get heard? The Canadian Constitution provides that anyone charged with an offence is entitled to a speedy trial. The concept is that having a charge hanging over your head for a long time is not fair – what's more evidence for trial
Continue readingMorton's Musings: Why should I settle?
Suppose you lent money to someone for an investment. It was money that you had saved up over the years and you expected to have a decent rate of return that would help you in living your life. But then the person didn't pay the interest you agreed to and
Continue readingMorton's Musings: Why should I settle?
Suppose you lent money to someone for an investment. It was money that you had saved up over the years and you expected to have a decent rate of return that would help you in living your life. But then the person didn't pay the interest you agreed to and
Continue readingMorton's Musings: Helpful Gladue sentencing case
R. v. Mikijuk, 2017 NUCJ 02: [16] One of these important cases is called the Queen v. Gladue [Gladue] . It is called that because in Canada all criminal prosecutions are done in the name of Her Majesty the Queen. Gladue was the name of the offender in that case.
Continue readingMorton's Musings: Helpful Gladue sentencing case
R. v. Mikijuk, 2017 NUCJ 02: [16] One of these important cases is called the Queen v. Gladue [Gladue] . It is called that because in Canada all criminal prosecutions are done in the name of Her Majesty the Queen. Gladue was the name of the offender in that case.
Continue readingMorton's Musings: Breach of Undertaking, Recognizance, or Probation
A very common charge is for "breach". That's a short form way of talking about a case where someone is under a court order to do something, or to not do something, and they don't obey the order. So, for example, you may be charged with assault and released on
Continue readingMorton's Musings: Breach of Undertaking, Recognizance, or Probation
A very common charge is for "breach". That's a short form way of talking about a case where someone is under a court order to do something, or to not do something, and they don't obey the order. So, for example, you may be charged with assault and released on
Continue readingMorton's Musings: Sentence reduced for Charter breach
R. v. Holland 2017 NUCJ 03: (iii). Charter breach Analysis [47] Society needs laws. Society also needs to be able to enforce those laws. We could not live in community without laws, and our police. Our free and democratic society also needs independent courts. Our courts settle disputes. Our courts
Continue readingMorton's Musings: Sentence reduced for Charter breach
R. v. Holland 2017 NUCJ 03: (iii). Charter breach Analysis [47] Society needs laws. Society also needs to be able to enforce those laws. We could not live in community without laws, and our police. Our free and democratic society also needs independent courts. Our courts settle disputes. Our courts
Continue readingMorton's Musings: Pleading in Defamation
Catalyst Capital Group Inc. v. Veritas Investment Research Corporation, 2017 ONCA 85: [22] An additional dimension to these principles arises in defamation cases because pleadings in such actions have traditionally been held to a higher standard than is the case with other types of actions, in terms of the precision
Continue readingMorton's Musings: Pleading in Defamation
Catalyst Capital Group Inc. v. Veritas Investment Research Corporation, 2017 ONCA 85: [22] An additional dimension to these principles arises in defamation cases because pleadings in such actions have traditionally been held to a higher standard than is the case with other types of actions, in terms of the precision
Continue readingMorton's Musings: EVERYTHING Before a Trial Judge Should be Marked as an Exhibit for Evidence or Identification
1162740 Ontario Limited v. Pingue, 2017 ONCA 52: [36] In my view, every document or thing put to a witness or to the trial judge as a piece of evidence should be made a numbered or lettered exhibit. I would also add this: although trial judges have discretion in whether to mark
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