James C Morton
Hearsay and reliability
R. v. P.G., 2012 ONCA 859 has a helpful analysis of the reliability requirement of the principled approach to hearsay: The principled approach to hearsay evidence focuses on whether there…
Fine not available for breach of a conditional sentence order
R. v. Netser, 2012 NUCA 06 is a source for the proposition that a fine is not an available disposition for breach of a conditional sentence: The parties agree that…
Conservatives consider loosening firearms restrictions
This is not a good idea. I do not have a problem with guns — they are an integral part of Canada’s history and living heritage. That said there is…
Hearsay cannot be avoided by claiming state of mind is circumstantial evidence
In Brisco Estate v. Canadian Premier Life Insurance Company, 2012 ONCA 854 the argument was made that an otherwise hearsay statement was adduced to show state of mind only and…
5 BEST FOODS FOR MEN
1. Broccoli (packed with potent anticancer compounds)2. Edemame (helps prevent prostate growth)3. Oysters (boosts fertility)4. Baked Potatoes (lowers blood-pressure. Skip the butter & sour cream)5. Tomatoes (helps lower prostate cancer…
Issue Estoppel
Metropolitan Toronto Condominium Corporation No. 1352 v. Newport Beach Development Inc., 2012 ONCA 850 has a useful discussion of when issue estoppel applies in the context of an administrative tribunal…
A denial is not a "bald assertion"
Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors, 2012 ONCA 851 is a summary judgment case. As is often the case a factual denial was alleged to be a mere “bald…
The homicide rate in Ontario reached its lowest point since 1966
By contrast, the homicide rate in Ontario, which saw 28 fewer homicides in 2011, reached its lowest point since 1966. http://bit.ly/VztYqZ
For FLA purposes a severance package is property on a date only if there is a fixes right to the severance on that date
Dembeck v. Wright, 2012 ONCA 852 holds: From these decisions it is clear that for a severance package to be considered property at the date of separation, there must be…
Mary River project given green light
This was expected but still is huge:StoryThe federal government has given Baffinland’s Mary River Project the green light to move ahead with its iron ore mine on north Baffin Island.Baffinland…