Author: James C Morton

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

R. v. Marini, 2017 ONCA 46 is an interesting example of how not to use a criminal record: [19]        Essentially, the trial judge reasoned that, if the appellant were truly innocent and was in fact in the wrong place at the wrong time, his decision to remain was undermined by his

R. v. Marini, 2017 ONCA 46 is an interesting example of how not to use a criminal record: [19]        Essentially, the trial judge reasoned that, if the appellant were truly innocent and was in fact in the wrong place at the wrong time, his decision to remain was undermined by his

When a police officer stops a motorist for a minor traffic offence, typically the officer will fill out the relevant information on a form called the "certificate of offence". Underneath the certificate is a carbon copy called the "offence notice". The officer gives the offence notice (commonly called a "ticket")

When a police officer stops a motorist for a minor traffic offence, typically the officer will fill out the relevant information on a form called the "certificate of offence". Underneath the certificate is a carbon copy called the "offence notice". The officer gives the offence notice (commonly called a "ticket")

Discovery of a Non-Party Discovery of a non-party is fairly common in the Uniter States.  So under the U.S. Federal Rules of Civil Procedure, Rule 30:  A party may, by oral questions, depose any person, including a party, without leave of court … . In Ontario, of course, examination for

Discovery of a Non-Party Discovery of a non-party is fairly common in the Uniter States.  So under the U.S. Federal Rules of Civil Procedure, Rule 30:  A party may, by oral questions, depose any person, including a party, without leave of court … . In Ontario, of course, examination for

An employee who tweeted her boss was a racist got fired; that firing was (probably) legally justified.    As between an employer and employer there are two central obligations:   • trust and confidence; and   • good faith.   If something comes up at work – say a racist

An employee who tweeted her boss was a racist got fired; that firing was (probably) legally justified.    As between an employer and employer there are two central obligations:   • trust and confidence; and   • good faith.   If something comes up at work – say a racist

Greenberg v. Nowack, 2016 ONCA 949:   [25]        The test for civil contempt was articulated by the Supreme Court in Carey v. Laiken, 2015 SCC 17, [2015] 2 S.C.R. 79, at paras. 33-35: 1.    The order alleged to have been breached must state clearly and unequivocally what should and should not be done;

Greenberg v. Nowack, 2016 ONCA 949:   [25]        The test for civil contempt was articulated by the Supreme Court in Carey v. Laiken, 2015 SCC 17, [2015] 2 S.C.R. 79, at paras. 33-35: 1.    The order alleged to have been breached must state clearly and unequivocally what should and should not be done;

Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56:   Rectification is an equitable remedy designed to correct errors in the recording of terms in written legal instruments. It is limited to cases where a written instrument has incorrectly recorded the parties’ antecedent agreement. In other words, rectification is not

Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56:   Rectification is an equitable remedy designed to correct errors in the recording of terms in written legal instruments. It is limited to cases where a written instrument has incorrectly recorded the parties’ antecedent agreement. In other words, rectification is not

Many people think a Justice of the Peace is someone who performs marriages and that performing marriages is the main work of a justice of the peace.  This is an understandable belief because in the United States many Justices of the Peace are, in effect, secular clergy whose main job

Many people think a Justice of the Peace is someone who performs marriages and that performing marriages is the main work of a justice of the peace.  This is an understandable belief because in the United States many Justices of the Peace are, in effect, secular clergy whose main job

No one likes to be arrested.  Sometimes people use strong language in response to being arrested.  Some people are very rude on being arrested.  While imprudent (you should always be polite when dealing with the police) such conduct is not criminal in itself.  Remember, even if you are really upset

No one likes to be arrested.  Sometimes people use strong language in response to being arrested.  Some people are very rude on being arrested.  While imprudent (you should always be polite when dealing with the police) such conduct is not criminal in itself.  Remember, even if you are really upset

Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52: Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose dominant purpose is preparation for litigation. This privilege has sometimes been confused with solicitor‑client privilege, both at common law and in Quebec law.

Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52: Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose dominant purpose is preparation for litigation. This privilege has sometimes been confused with solicitor‑client privilege, both at common law and in Quebec law.

It’s the end of a criminal trial and you have been convicted.  The judge gave a sentence and you don’t think it’s fair.  Can you appeal and get a different sentence?  Maybe. If you want a lower sentence you must convince the appeal court that the sentence is “unfit” or