James C Morton
Unjust enrichment rare in cases with equalization
Symmons v. Symmons, 2012 ONCA 747 has a useful passage on unjust enrichment in equalization cases: The trial judge's finding that there was no unjust enrichment is reasonable. We are…
Extension of time in the face of solicitor error
Precision Contractors Ltd v Government of Saskatchewan, 2012 SKCA 96 has a useful passage regarding solicitor error: The leading case authority concerning the extension of time in the face of…
Entrapment to be found only in the clearest of cases
R. v. N.Y., 2012 ONCA 745, released today, makes clear that entrapment is to be found only rarely: Entrapment evokes society’s view “that there are inherent limits on the power…
Fox and Deer in Michigan
If I was Roman I might see this as a sign for the Presidential election!!!
Mayor Ford and the TTC diversion
To my mind the question is not so much why the TTC diverted the buses (I assume it was a low level person just doing it) as why the Mayor…
Panda Cub Exam 11
Exam 11
Electronic notice may be effective
Grewal v. Guru Nanak Sikh Gurdwara Society, 2012 BCCA 430 deals with specific provisions of British Columbia legislation – however, it has broader statements about the giving of notice, especially…
Clocks go back tonight
You’ll lose an extra hour of light but gain an hour back this weekend as daylight saving time officially ends. As standard time resumes at 2 a.m. Sunday, it’s time…
Glen Murray almost certain to announce Leadership Bid – see the notice I just got…
It will be an interesting race with some very solid candidates! Special Announcement by Glen Murray MPP Toronto Centre Join Glen Murray, MPP for Toronto Centre for a special announcement…
Excessive bail conditions
R. v. Thomson, O.J. No. 1873 (S.C.J.) has a very thoughtful analysis on appropriate terms of release: 55 The Crown’s position was that, if Thomson is released, she should have…
Irving Andre raised to Superior Court
Justice Irving Andre, has been appointed as a judge of the Superior Court of Justice, in Brampton. KUDOS!!!!! The OCJ's loss is the SCJ's gain!
Mandatory minimum sentences as an inflationary floor
R v Guha 2012 BCCA 423 deals with the difficult question of how mandatory minimum sentences fit with sentences ranges. The Court does not decide but seems inclined to the…
“If there happens to be a trough, there will be pigs”
Pushkin in Dubrovsky
Spirit Bear and Black Bear
The Spirit Bear is a Black Bear – with white fur – these two could be brothers …
A statutory presumption violates the right to be presumed innocent if its effect is that an accused person can be convicted even though the trier of fact has a reasonable doubt
R. v. St‑Onge Lamoureux, 2012 SCC 57 sets out the test for determining when a statutory presumption violates the presumption of innocence: A statutory presumption violates the right to be…
Notice of motion for contempt must be specific
Lacelle c. Miner, 2012 ONCA 740 is a source for the principle that a motion seeking a finding of contempt must be specific as to dates of the alleged contempt:…