James C Morton
Constructive Dismissal
Cousins. v QEC, 2016 NUCJ 1: The onus is on the plaintiff to prove, on a balance of probabilities, that QEC’s demotion of the plaintiff constituted his constructive dismissal. The…
General principles concerning prescriptive easements
Barbour v. Bailey, 2016 ONCA 98: To make out an easement, a claimant must satisfy the following four essential characteristics of an easement or right-of-way:i.  ...
Medical Malpractice
You break your leg. You go to the hospital or health centre and get your leg out in a cast. But your leg never heals properly and you can't walk…
Annulment in the Roman Catholic Church
Although all marriages start with the premise that they will continue for a lifetime, it is a sad fact of modern life that many marriages do not last. The rate…
Security for costs of appeal available where appeal not frivolous, albeit weak and assets to pay available but hard to realize
Henderson v. Wright, 2016 ONCA 89: Appellate courts in Ontario have ordered security for costs when an appeal has a low prospect of success coupled with an appellant who has…
Demeanour Evidence
R. v. Hemsworth, 2016 ONCA 85:Legal Principles This court has repeatedly cautioned against giving undue weight to demeanour evidence because of its fallibility as a predictor of the accuracy of…
The tort of misfeasance in public office
Conway v. The Law Society of Upper Canada, 2016 ONCA 72: The tort of misfeasance in public office has been variously described in the case law as the tort of…
Interlocutory Injunctions
Judges have enormous power and can make all sorts of order that will, as necessary, be backed up by force.But just because a judge has power does not mean the…
Only exceptionally will a notice period exceed 24 months
Keenan v. Canac Kitchens Ltd., 2016 ONCA 79: If it fails on the first ground of appeal, Canac asks this court to set aside the trial judge's award of damages…
What if the judge got it wrong?
After a hearing in Court the judge or justice of the peace will make a decision. Almost inevitably the decision will not please at least one person – indeed, sometimes…
Nunavut’s Government – Nearly a Province?
Canada is a federal country. Simply put that means there are two governments for every Canadian and those governments divide up the responsibility for governing between themselves. For most Canadians…
Breach of Guarantee Does NOT Lead to Voiding Thereof
Bank of Montreal v. Javed, 2016 ONCA 49: What is the effect of the Bank’s breach of its contractual disclosure obligation? Mr. Shah argues that the guarantee must be discharged.…
Emotional harm and negligence
PP v DD, 2016 ONSC 258: The elements of a negligence claim are: (1) the defendant owes the plaintiff a duty of care; (2) the defendant's behaviour breached the standard…
Regulators presumed to act properly
Canadian Pacific Railway Co. v. Canada (Attorney General), 2016 SCC 1 is a very brief decision but a good source for the principle at regulators are presumed to act properly…
Production orders and cell towers
R. v. Rogers Communications, 2016 ONSC 70 (Ont. S.C.), per Sproat J. The police should include in the information to obtain a production order:a) One – a statement or explanation…
John Dowland to Sir Robert Cecil, 1st Earl of Salisbury 1590s
Then, in time passing, one Mr. Johnson died and I became an humble suitor for his place, thinking myself most worthiest, but I saw that I was like to go…