Costs in trust litigation
Sun Indalex Finance, LLC v. United Steelworkers, 2013 SCC 6 is a complex and lengthy decision dealing with pensions. In the course of the decision the Court considered an award…
James C Morton
Extension of time to perfect an appeal
Mortazavi v. University of Toronto, 2013 ONCA 66 deals, in part, with extending the time to perfect an appeal. The Court holds: The overriding principle the court must consider in…
Why People Charged With Crimes Deserve Bail
Huffington Post A dreadful murder in Toronto where the suspect was on bail has, once again, led to media outrage. Calls to restrict or even prohibit bail have been made.…
Severance is based on prejudice
R. v. Robins, 2013 ONCA 65 is a recent source for the principle that severance of charges ought to be based on any prejudice arising from trying matters together: The…
Available pleas
R. v. R.P., 2013 ONCA 53 deals with potential pleas available in Canada: Section 606(1) describes the pleas available to an accused who is called upon to plead. The section…
Curative provision to be viewed from position of law jury
R v Bishop 2013 NUCA 3, an appeal from a jury trial, has a useful comment on how to interpret the curative provision under the Criminal Code: In any event,…
Personal bias has no place in the criminal justice system
R. v. Nguyen, 2013 ONCA 51 is a good reminder that judges must be careful in their language and avoid stereotypes and bias: On the second point, we agree that,…
No "special" treatment for aboriginal people?
Yesterday’s National Post had an OpEd from a status Indian explaining, in detail, why there should be no special treatment for aboriginal peoples in Canada. He noted that oppression in…
Nunavut appeal court orders new trial for Chris Bishop
Story The Nunavut Court of Appeal has ruled that Chris Bishop, 27, who in June 2010 was convicted on three counts of second degree murder and two counts of attempted…
Chris Bishop Appeal From Cambridge Bay, NU allowed — new trial ordered
I have the decision should anyone want a copy — it is lengthy.
Bail and misguided media outrage
A dreadful murder where the suspect was on bail has, once again, led to media outrage. Calls to restrict or even prohibit bail have been made. Even the Justice of…
Blaming the wrong person!
Michele Mandel’s column today blames the Justice of the Peace who sat on Emmanuel Owusu-Ansah’s bail hearing for a brutal murder apparently committed by Owusu-Ansah. She suggests that no one…
What’s it called when you lend money to a bison?
A BUFFA-LOAN!