Remembrance Day
I remember my Grandfather who did not speak of his time in the First War. I remember my Uncle who did not speak of his time in the Second War.…
James C Morton
Canada’s First Remembrance Day
“We will remember” is a call heard at many military memorial ceremonies and parades, but it was only in 1931 that Ottawa passed an act permanently fixing Canada’s national military…
Drawing adverse inferences from failure to produce evidence
Parris v. Laidley, 2012 ONCA 755 makes clear that drawing an adverse inference from a failure to produce evidence is dangerous. Such should only be done if it is very…
You’ve heard of Build-A-Bear?
Here's Builder Bears!
Relief for discrimination limited to claims before a hearing tribunal
Moore v British Columbia 2012 SCC 61 rather unexpectedly rules in favour of a claim of discrimination under the BC Human Rights Code for a case of dyslexia. In so…
Peek a boo
Jaws?
Do cellphone bail restrictions make sense anymore?
R. v. Wong, 2012 ONCA 767 upholds a 30 day sentence for a bail breach of having a cellphone. The purpose of the ban is to limit the accused in…
There is no offence of "armed robbery"
R. v. Moore, 2012 ONCA 770 points out that the offence of "armed robbery" does not exist. There is robbery and if a firearm is used an enhanced penalty. Similarly…
The patent bargain
Teva Canada Ltd. v. Pfizer Canada Inc. 2012 SCC 60 deals with the patent on the well known drug Viagra. The Court holds the patent invalid on the basis proper…
Youthful offender is younger than 29 years old
R. v. Smith, 2012 ONCA 761 points out that a youthful offender ceases to be so at some point: We do not accept this submission. The appellant was 29 years…
ᐅᐱᓐᓇᖅᐳᓯ!ᓄᓇᓕᐸᐅᔭᐃᑦ ᐃᖃᓗᓐᓂ ᓄᑖᑦ ᒪᐃᔭ ᐊᒻᒪᓗ ᑲᑎᒪᔨᑦ 2012
Congratulations!City of Iqaluit,New Mayor and Council 2012
Iqaluit Council 2012
Congratulations! City of Iqaluit, New Mayor and Council 2012 ᐅᐱᓐᓇᖅᐳᓯ! ᓄᓇᓕᐸᐅᔭᐃᑦ ᐃᖃᓗᓐᓂ ᓄᑖᑦ ᒪᐃᔭ ᐊᒻᒪᓗ ᑲᑎᒪᔨᑦ 2012 ...
Interests of justice the test to apply in staying an appeal
Korea Data Systems (USA), Inc. v. Aamazing Technologies Inc., 2012 ONCA 756 raises a curious issue: when should an appeal be stayed to allow for matters ancillary to the judgment…
Collateral facts rule
R. v. C.L., 2012 ONCA 752 deals with the collateral fact rule. In general the rule provides that a party may not impeach the credit of their opponent's witness by…
Common sense inferences may not always apply
The recent decision of R v McConnell, 2012 ABQB 263 points out that the "common sense" inference that someone intends the natural result of their actions may not always apply…