Very, very sad passing of Tracey Tyler of the Toronto Star.
This is very sad. Tracey was a real person and her loss is enormous. I will miss her: I At Tracey Tyler’s neatly arranged desk, there is a red light…
James C Morton
"The only thing that worries us is that maybe polar bears will eat the seats, as they have a tendency to do that."
Hunters rescued from ice Now this is not the type of story you see in, say, Vancouver, much: Six narwhal hunters were forced to call for a helicopter rescue after…
Failure to object to charge in civil context
Vokes Estate v. Palmer, 2012 ONCA 510 is a useful reminder that it is essential, for appeal purposes, to put objections to a jury charge in civil matters on the…
Security for costs is not to stifle an arguable appeal. When security would prevent the prosecution of an arguable appeal, and no other circumstances justify security, then security should be denied
Fotherby v. Cowan, 2012 NSCA 77 provides a useful review of the principles related to security for costs on appeal. While arising in Nova Scotia the principles are relevant across…
If Prem Watsa thinks RIM is good; it is
Prem Watsa is doubling down on Research in Motion. The billionaire investor’s Fairfax Financial has almost doubled its stake in the BlackBerry maker, according to a regulatory filing released today.…
Court must weigh prejudicial effect in considering potentially bad character evidence
R. v. VanEindhoven, 2012 NUCA 5 deals with the requirement that prejudicial effect be considered where potential bad character evidence is considered: We agree with the appellant’s submission that the…
The road to Damascus
There is a real risk of a lengthy civil war with an ultimate partition of Syria. http://www.nationalpost.com/m/wp/news/blog.html?b=news.nationalpost.com/2012/07/22/syrian-forces-bombard-damascus-with-helicopter-gunship-fight-rages-in-aleppo BAB-AL SALAM, Syria/BEIRUT — Syrian forces bombarded parts of Damascus with helicopter gunships…
Bail review in Murder cases
Judicial interim release in murder is considered by a Superior Court judge. Pursuant to s. 522(4) of the Criminal Code an “order made under this section is not subject to…
More than 1,500 US turtles slowly escape captivity
Free Willie! Sort of… Story SUMMERVILLE, Georgia – More than 1,500 turtles have made a slow-speed escape from their farm in the U.S.
Gang violence hits home
After Cain had murdered his brother Abel, God asked him where his brother was. Cain answered, “I know not; am I my brother’s keeper?” Cain’s words have come to symbolize…
Toronto police investigating after three shootings overnight
It does seem there is a gang war in Toronto: Details here Toronto police are investigating after three shootings in the city overnight, capping off an already tragic week that…
"Our conclusion should not be construed as a condonation of physical assault as a legitimate means of persuasion"
R. v. Pappas, 2012 ABCA 221 is a somewhat surprising decision of the Alberta Court of Appeal holding that physical contact by the police of a person in custody under…
Toronto Mayor Ford clarifies his comments on gun criminals and immigration
Let’s be charitable to Mayor Ford. It is possible for a sentence to bar someone as a term of probation from an area. But that’s the judge not Immigration. http://www.theglobeandmail.com/news/toronto/toronto-mayor-ford-clarifies-his-comments-on-gun-criminals-and-immigration/article4429640/
Scope of the Doctrine of Issue Estoppel in the Criminal Context
R. v. Punko, 2012 SCC 39 was just released. The case deals with the doctrine of issue estoppel in criminal law. The Court writes: In Mahalingan, this Court had to…
Nunavut sees devolution light after long Arctic winter
Despite what some believe, Nunavut is not a hopelessly poor Territory that is merely kept alive by Federal money for “liberal guilt” purposes. Note “some 20-25% of Canada’s conventional oil…