Supreme Court rejects bid to keep abused toddler on life support
Hardly surprising: Supreme Court of Canada. BY NATALIE STECHYSON, POSTRMEDIA NEWS SEPTEMBER 20, 2012 OTTAWA — The Supreme Court of Canada has dismissed a motion that would have kept a…
James C Morton
What was Beethoven’s favorite fruit?
BANANANAAAAAA!
Facts are assumed true on pleadings sufficiency motions
Schembri v. Way, 2012 ONCA 620 has a good passage making clear that pleading sufficiency motions are not to be determined on evidence but on the pleadings alone: The motion…
Strip Searches
R. v. A.(Z.), 2012 ONCJ 541 is a useful case outlining the law regarding routine strip searches of prisoners: Before setting out the law and pertinent factors relating to a…
In the northern Paris suburb of Sarcelles, one person was slightly hurt when two masked men threw a small explosive device through the window of a kosher supermarket.
A French magazine publishes immature and stupid cartoons – so blow up a kosher supermarket? Doesn't the illogic demonstrate something? http://mobile.reuters.com/article/idUSBRE88I0BU20120919?irpc=932
Credibility
Clarke v R, 2012 CMAC 3 has a useful review of the law regarding credibility: Several basic principles inform my decision on this ground of appeal. First, witnesses are not…
Judge declares part of 2008 Tory omnibus crime bill unconstitutional
This is less of a big deal than it might seem. Dangerous Offender applications are very rare and regardless of the onus are fought vigorously. As a practical matter this…
Morton’s Musings 2012-09-18 18:02:00
Someone once asked me what’s the difference between ignorance and apathy. I told them: “I don’t know, and I don’t care.”
Is a Mareva and other relief restricted to the Court of Appeal pending an appeal? Perhaps not
In Alfano v. Piersanti, 2012 ONCA 612 the parties engaged in lengthy and complex litigation. Following the appeal of one decision a new case was started seeking relief including a…
Burden on Summary Judgment Motions
Toronto-Dominion Bank v. Hylton, 2012 ONCA 614 holds: A party moving for summary judgment has the evidentiary burden of showing there is no genuine issue for trial. Once this burden…
Appeal of mistrial decisions
R. v. Itsi, 2012 NWT CA 10 holds: The power of the trial judge to grant a mistrial is discretionary and an appellate court will not likely interfere with his…
Now why can’t President Obama say this?
"In a BBC interview, former British Prime Minister Tony Blair said the film was "wrong and offensive but also laughable as a piece of film-making – what is dangerous and…
Can a trial judge can review the reasonableness of a prosecutor’s decision to give notice of prior impaired driving convictions thus triggering an increased penalty? Generally not
R. v. Gill, 2012 ONCA 607 deals with mandatory minimum sentences for impaired driving offences. Such mandatory minimums increase with prior convictions. But for the minimums to apply the prosecutor…