Small Claims Court
Under section 23 of the Courts of Justice Act the Small Claims Court has a limited jurisdiction. The CJA provides Small Claims Court has jurisdiction in any action for the…
James C Morton
Small Claims Court
Under section 23 of the Courts of Justice Act the Small Claims Court has a limited jurisdiction. The CJA provides Small Claims Court has jurisdiction in any action for the…
Trudeau right to comment on jury selection
Neither the Prime Minister nor Justice Minister Jody Wilson-Raybould made a specific comment on whether the Gerald Stanley case was rightly decided. But they did say that the way juries…
Trudeau right to comment on jury selection
Neither the Prime Minister nor Justice Minister Jody Wilson-Raybould made a specific comment on whether the Gerald Stanley case was rightly decided. But they did say that the way juries…
Guilty Plea Not Always Leading to Mitigation of Sentence
R. v. F.H.L., 2018 ONCA 83: A plea of guilt does not entitle an offender to a set standard of mitigation. The amount of credit a guilty plea attracts will…
Guilty Plea Not Always Leading to Mitigation of Sentence
R. v. F.H.L., 2018 ONCA 83: A plea of guilt does not entitle an offender to a set standard of mitigation. The amount of credit a guilty plea attracts will…
Limits on Summary Judgment? Lesenko v. Guerette, 2017 ONCA 522
Used appropriately, summary judgment motions are an important tool for enhancing access to justice and achieving proportionate, timely and cost-effective adjudication: Hryniak v. Mauldin, 2014 SCC 7, 1 S.C.R. 87.…
Limits on Summary Judgment? Lesenko v. Guerette, 2017 ONCA 522
Used appropriately, summary judgment motions are an important tool for enhancing access to justice and achieving proportionate, timely and cost-effective adjudication: Hryniak v. Mauldin, 2014 SCC 7, 1 S.C.R. 87.…
Expert Evidence
Bruff-Murphy v. Gunawardena, 2017 ONCA 502: In White Burgess, a decision released shortly before the judgment under appeal, the Supreme Court of Canada provided clarity and guidance regarding challenges to…
Expert Evidence
Bruff-Murphy v. Gunawardena, 2017 ONCA 502: In White Burgess, a decision released shortly before the judgment under appeal, the Supreme Court of Canada provided clarity and guidance regarding challenges to…
Supreme Court Doubles Down on Jordan
R. v. Cody, 2017 SCC 31: Constitutional law — Charter of Rights — Right to be tried within a reasonable time — Pre‑Jordan delay of more than five years between…
Supreme Court Doubles Down on Jordan
R. v. Cody, 2017 SCC 31: Constitutional law — Charter of Rights — Right to be tried within a reasonable time — Pre‑Jordan delay of more than five years between…
Jordan analysis for Charter delay applications
R. v. Islam, 2017 ONCJ 335 is a useful case for POA prosecutions. Some take aways include: S11(b) Jordan analysis applies to POA matters. Time runs on Part 1 POA…
Jordan analysis for Charter delay applications
R. v. Islam, 2017 ONCJ 335 is a useful case for POA prosecutions. Some take aways include: S11(b) Jordan analysis applies to POA matters. Time runs on Part 1 POA…
Important Bail Case from Supreme Court of Canada
R. v. Antic (June 1), 2017 SCC 27 (S.C.C.) 67 Therefore, the following principles and guidelines should be adhered to when applying the bail provisions in a contested hearing: (a)…
Important Bail Case from Supreme Court of Canada
R. v. Antic (June 1), 2017 SCC 27 (S.C.C.)67 Therefore, the following principles and guidelines should be adhered to when applying the bail provisions in a contested hearing:(a) Accused persons…
Notes on Bail, Hearsay and Search Warrant review
Justification for detention In Canada, there are only three grounds for detaining an accused prior to sentence. They are commonly referred to as primary grounds, secondary grounds, and tertiary grounds.…
Notes on Bail, Hearsay and Search Warrant review
Justification for detentionIn Canada, there are only three grounds for detaining an accused prior to sentence. They are commonly referred to as primary grounds, secondary grounds, and tertiary grounds.Primary grounds…
Pre-Charge delay
The Supreme Court today (R. v. Hunt 2017 SCC 25) upheld a lower court decision (R. v. Hunt, 2016 NLCA 61) which limited the effect of pre-charge delay to rare…
Pre-Charge delay
The Supreme Court today (R. v. Hunt 2017 SCC 25) upheld a lower court decision (R. v. Hunt, 2016 NLCA 61) which limited the effect of pre-charge delay to rare…