James C Morton
Setting aside a default judgment
CIBC Mortgages Inc. v. Kwaw, 2012 ONCA 602 gives a brief but useful restatement of the law regarding setting aside default judgments: In particular, it is implicit in the motion…
Perhaps it would have been better to say Americans have free speech?
The American embassy in Cairo condemned "the continuing efforts by misguided individuals to hurt the religious feelings of Muslims — as we condemn efforts to offend believers of all religions."…
Structure of a contempt hearing
Doobay v. Diamond, 2012 ONCA 580 has useful obiter as to the customary structure of a contempt hearing: The Structure of the Contempt Hearing A point not raised by the…
Newfoundland braces for tropical storm Leslie; rain soaks Atlantic Canada
Outside of an arctic blizzard, the worst weather I have ever seen in my life was in Newfoundland — it’s an amazingly beautiful place but when it rains and blows,…
Judicial independence
R. v. Pan, 2012 ONCA 581, released today, has a good summary of what "judicial independence" requires: Judicial independence has three characteristics: security of tenure, financial security and administrative independence.…
Taxes are what we pay for civilized society
Compania General De Tabacos De Filipinas v. Collector of Internal Revenue, 275 U.S. 87, 100
Carving stone found
This is significant. The Western Arctic has had limited carving because of a lack of high quality stone: http://www.cbc.ca/news/canada/north/story/2012/09/08/north-nunavut-carving-stone.html A Nunavut government project looking at quarries in the territory found…
“Having made the greatest legal blunder of the 20th century,” Dershowitz said of Darden, “he’s trying to blame it on the dead man.”
No matter your view on the case, it seems pretty thin to wait 17 years to blame someone who is dead and cannot respond; my view is the allegation is…
Calling evidence a third party is liable for crime and nexus required
R. v. Murphy, 2012 ONCA 573 deals with calling evidence in a criminal defence that someone other than the accused is the guilty party. In order for such evidence to…
Leave to appeal to Court of Appeal for Ontario under the POA
Antorisa Investments Ltd. v. Vaughan (City), 2012 ONCA 586, granting leave to appeal, sets out the test for leave to appeal to the Court of Appeal for Ontario: The Test…
Divisible and Indivisible Injuries ‒ Causation and Assessment of Damages
Moore v. Kyba, 2012 BCCA 361 holds that Indivisible Injury Analysis is applicable for both causation and quantum of damages: Much judicial ink has been spilled concerning the characterization of…
Test to be applied by a preliminary hearing judge and jurisdiction of a reviewing court on an application to quash the decision of a preliminary inquiry judge
R. v. Turner, 2012 ONCA 570 deals with the test to be applied by a preliminary hearing judge and jurisdiction of a reviewing court on an application to quash the…
Global warming is really changing the wildlife in Nunavut…
Still, I suppose a bear is a bear is a bear “Mom, why am I not black and white too???”