James C Morton
Power to vary spousal support may be ousted by arbitration agreement
Grosman v. Cookson, 2012 ONCA 551, released today, holds an arbitration agreement can oust the power of the Court to vary spousal support. The decision is extremely important — a…
No inquiry of juror absent misconduct during trial
R v Poon, 2012 SKCA 76 deals with an unusual situation. After the start of trial information came to the court in a jury trial that a juror had been…
Google team, local residents, map remote Nunavut hamlet
Nice story but, in truth, Cambridge Bay isn’t really that remote –airlines fly in pretty well all the time and it’s a civilized place (1,500 people, a Northern Store and…
To be receivable in a criminal trial each piece of evidence must satisfy three requirements: Relevance Materiality Admissibility These requirements are cumulative. Evidence that comes up short on any requirement is excluded from consideration by the trier of fact"
Justice Watt in R. V M.T. 2012 ONCA 511, para. 35
An employee may employed by more than one employer
Stanley v. Advertising Directory Solutions Inc., 2012 BCCA 350 is a helpful source for the well established view that an employee may employed by more than one employer: The notion…
Sad news
Bao Bao passed away. He was the male giant panda in Berlin. He died at age 34
Black Ribbon Day
On August 23, 1939, to the astonishment of the rest of the world, the two totalitarian dictatorships, Nazi Germany and the Stalinist Soviet Union united to carve up the whole…
Political Panda
At least the panda looks comfortable
Iqaluit residents warned about polar bear: Bear near Sylvia Grinnell River has so far eluded wildlife officers
I have never seen a bear there – it’s an amazing place but it seems mighty close to the town for a bear. In any event, polar bears want as…
Practice direction Nunavut
From October 1, 2012 all documents filed by counsel in Nunavut must have the lawyer's LSN number on the document.
In the context of the s. 11(b) calculus, the defence, like the Crown, must take responsibility for the delays that are the consequences of its tactical choices.
R. v. Kugathasan, 2012 ONCA 545
Sealing orders require an evidentiary basis
Coltsfoot Publishing Ltd. v. Foster-Jacques, 2012 NSCA 83 is a curious case where a judge, without any evidence and based on judicial notice alone sealed a court file. The Court…
Delay and Fairness in Civil Litigation
1196158 Ontario Inc. v. 6274013 Canada Limited, 2012 ONCA 544 is a useful case dealing with delay in civil litigation: The civil justice system aims to resolve disputes fairly, on…
Disclosure in administrative matters
2127423 Manitoba Ltd. o/a London Limos v. Unicity Taxi Ltd. et al., 2012 MBCA 75 is a useful decision dealing with the level of disclosure needed for administrative decisions: 19…
Legal Aid and Getting What You Pay For
In today’s Post (Story) Bob Tarantino points out that Michael Bryant, former Attorney General and (deservedly) prominent Ontario lawyer was crushed by a $300,000.00 legal bill for his matrimonial and…