The general costs principle of ‘loser pays’ applies in estate litigation
Salter v. Salter, 2009 CanLII 28403 has a useful comment on costs in estate litigation matters (note, I have not "loser pays" applied frequently in estate matters but the case…
James C Morton
George Brown grads win class-action suit over misleading course description
It is quite extraordinary for a college or university to be held liable -- this is a remarkable case: Full storyA group of graduates has won a class-action suit against…
Extending time to appeal civil matters
Laczko v. Alexander, 2012 ONCA 803 sets out the test for extending the time to appeal a civil matter – the test is virtually the same as for criminal matters:…
Extension of time to appeal
R. v. Mitchell, 2012 ONCA 804 is a useful case summarizing when an extension of time to appeal will be allowed: Before granting an extension of time, the court will…
Restitution a significant factor in sentencing for fraud
McLellan, O.J. No. 5028 (C.A.):44. However, I am satisfied that the new evidence regarding his efforts at restitution would have resulted in a reduced sentence had the trial judge been…
Failure to give sufficient reasons an error of law
R. v. A.F., 2012 ONCA 790 is a good source for the proposition that fairlure to give sufficient reasons is an error of law for appeal purposes: We are, however,…
Best interests of the child includes preserving loving parental relationship
Children's Aid Society of Toronto v. G.S., 2012 ONCA 783 holds that, in a child protection matter, it is important to the best interests of the child to preserve the…
A Monarchy but not a Tyranny
I have been teaching a course in the Foundations of Canadian Law. The overall theme of the course is not easy to discern; I did not set the syllabus, it…
What do you get when you cross two elephants with a fish?
A pair of swimming trunks
Great article from CBC on law in Nunavut
Somewhere between tales of judges bunking with strangers and pushing airplanes out of the mud it becomes clear Nunavut's court system works a little differently.In the provinces, new courthouses are…
Even an express allegation of corruption may not be defamatory if qualified privilege applies
Lake v. Vaughan 2003 CarswellOnt 633 upheld 2004 CarswellOnt 5045 is a good example of a case where a claim for defamation where corruption was alleged was defeated by qualified…
Language skills relevant in removal of counsel
Maftoun v. Banitaba, 2012 ONCA 786 suggests that choice of counsel has greater significance where language skills are in play: In addition to the importance of sustaining the ...