James C Morton
By the way, it is perfectly legal to photograph police (but it may not prudent)
The RCMP don't like being photographed. This sounds familiar – RCMP who don't want to be photographed or subject to review. So they demand a photograph be deleted and if…
Appeal rights from arbitration awards may be varied by contract
Patton-Casse v. Casse, 2012 ONCA 709 is a source for the principle that the rights of appeal from arbitrations can be varied by prior agreement: The appeal judge correctly identified…
Summary of majority decision in Opitz v. Wrzesnewskyj, 2012 SCC
Per Deschamps, Abella, Rothstein and MoldaverJJ.: W asks this Court to disqualify the votes of several Canadian citizens on account of administrative mistakes, notwithstanding evidence that those citizens were entitled…
Ashley Smith inquest to proceed: Court
This is the right call. Here’s the story from today’s Sun: TORONTO – A coroner’s inquest slated to air explicit video of the abuse of a jailed teen who killed…
Fasken Martineau to merge with Bell Dewar
I got this in my inbox this morning: We have exciting news to share with you about our firm. Today we announced that we are merging with the Johannesburg-based law…
Misfeasance in public office
Pikangikum First Nation v. Nault, 2012 ONCA 705 has a good summary of the law related to the tort of misfeasance in a public office: In Odhavji Estate v. Woodhouse,…
Public interest and bail pending appeal
R v Wilcox 2012 BCCA 413 deals with bail pending appeal. Section 679(3) of the Criminal Code, R.S.C. 1985, c. C-46, sets out the factors to be considered on an…
Pleadings to be read broadly on a motion to strike
Fox v PW Lorch & Associates Ltd, 2012 SKCA 93 is a useful source for the principle that, on motions to strike, pleadings must be read broadly: Because of the…
Nunavut legislature reconvenes in Iqaluit
MLAs will debate the capital budget for the coming year — it contains money for buildings such as schools, arenas and community halls, as well as sewage lagoons. Story
A judge must be cautious before "jumping" a sentence
Judges are not limited by submissions of the Crown in sentencing. That said, as the Court of Appeal notes today in R. v. Menary, 2012 ONCA 706 ‘jumping’ a sentence…
Confession rule not triggered unless statements made to person in authority
R. v. Hart, 2012 NLCA 61 deals with an argument that the confession rule should apply when statements are made to state actors even where the accused in unaware the…