Civil contempt rarely appropriate in family law matters
Hefkey v. Hefkey, 2013 ONCA 44 holds: Moreover, in our view, the civil contempt remedy should not have been sought in the circumstances revealed by the record. The civil contempt…
James C Morton
Unmarried couples not entitled to support in Quebec
Quebec v A 2013 SCC 5 upholds Quebec law excluding unmarried couples from support obligations. The decision is complex but rests largely on s 1 of the Charter. A summary…
Credibility
Clarke v R, 2012 CMAC 3 has a useful review of the law regarding credibility: Several basic principles inform my decision on this ground of appeal. First, witnesses are not…
What happens if the Mayor’s seat on Council is declared vacant
Dear residents, On Friday, January 25th at 10:30am, we will find out the court’s ruling on Mayor Rob Ford’s appeal. To be clear, no matter what happens with this case,…
Circumstantial evidence
R. v. Carpio, 2012 BCCA 484 is a useful source for the view that where there is a lot of smoke one can conclude there is a fire: As was…
Decision on whether Rob Ford will keep his job will be released 10:30 Friday morning
Toronto will learn the fate of Mayor Rob Ford Friday morning when the Ontario Divisional Court rules on whether to toss him from office. The panel of three judges that…
Totality
R. v. Buruca, 2013 ONCA 36 sets out the totality principle in sentencing: The proper approach to applying the principle of totality on sentencing is to first identify the most…
Citizen’s arrest very circumscribed
R. v. Boyd, 2013 BCCA 19 has an interesting aside about citizen’s arrests: The law has always sought to circumscribe within very narrow limits the powers of a citizen to…
Q: Why did the hunter name a sled dog Frost?
A: Because Frost bites!
Forfeiture or fine?
R. v. Dwyer, 2013 ONCA 34 deals with forfeiture of proceeds of crime and fines in lieu thereof. Section 462.37 of the Criminal Code provides for the forfeiture of the…
Frauds against lawyers and paralegals continue
I received the below email today. For someone who is familiar with current scams this is a very obvious lead in to a fraud whereby a lawyer or paralegal is…
The HTA does applies to more than just "highways"
R. v. Hajivasilis, 2013 ONCA 27 holds that some provisions of the Highway Traffic Act can apply to private parking lots: I agree with the position advanced by the appellant.…
Scope of paralegal practice in Ontario
The regulatory scheme set out in the Law Society’s By-Law 4 permits paralegals in Ontario to practise in what were already permitted areas of practice. Subsection 6 (2) authorizes licensed…