New Evidence Generally Not Accepted On Appeal
Polar Supplies Ltd. v. Cape Dorset (Hamlet), 2013 NUCA 2 is a good source for the principle that, usually, new evidence, as opposed to fresh evidence, is generally not admissible…
James C Morton
I was over fifty when I started to learn Inuktitut
The solitudes separating aboriginal and settler people in Canada are profound. As a child I learned that Canada was a nation settled, yes by people who came long before my…
Preferred allocation method in investment frauds where a deficiency exists
Boughner v. Greyhawk Equity Partners Limited Partnership (Millenium), 2013 ONCA 26 holds that in the context of an investment fraud the appropriate method for tracing funds where there is a…
Duress
R v. Ryan 2013 SCC 3 clarifies the law of duress: The defence of duress, in its statutory and common law forms, is largely the same. The two forms share…
Judges cannot sit in appeal of their own decisions
Brown v. Canada (Attorney General), 2013 ONCA 18 holds: While it was not always the case, I think it can now safely be said that judges cannot sit in appeal…
Threating
R v O’Brien 2013 SCC 2 deals with uttering threats. The Court holds, as is settled law, that it is not an essential element of threating that the recipient of…
VIA Rail has been forced to stop passenger trains between Toronto and Montreal and Toronto and Ottawa because of a blockade on the tracks near Marysville, Ont.
VIA Rail says ground transportation will get passengers through the site of the blockade, which is one of several protests across the country as part of a national day of…
Does a single judge have jurisdiction to determine leave to appeal a summary conviction matter? Yes
R. v. Metin, 2013 ONCA 21 holds: Does a single judge of this court have jurisdiction to determine an application for leave to appeal? The starting point for answering this…
Indefeasibility of title is an essential feature of the land titles system established by the Land Titles Act
719083 Ontario Limited v. 2174112 Ontario Inc., 2013 ONCA 11 is a source for the principle that indefeasibility of title is an essential feature of the land titles system established…
Did you do that?
While living in Paris during World War II, Picasso suffered harassment from the Gestapo. One officer asked him, upon seeing a photo of Guernica in his apartment, “Did you do…