Contempt Orders
The test for contempt is well-known. The three essential requirements for a finding of contempt are set out in Prescott-Russell v. G. (N.)(2006), 29 RFL (6th) 92. The test requires:…
James C Morton
A judgeship for Toews: Public safety minister going to Manitoba’s Appeal Court: sources
Well, Roy McMurtry was a good judge after a long career in politics — so why not Vic Toews? He's a hard nose in politics but that's not necessarily of…
Bell, no better than Rogers
So I order a phone from Bell for Nunavut. Not a problem, I’ll have it in a few days… . Let’s just say, after a couple of weeks, a few…
Sentencing in dangerous driving cases
R. v. Rawn, 2012 ONCA 487 is a useful sentencing case for dangerous driving matters: General deterrence and denunciation are the most important factors in the determination of a sentence…
Potential loophole in contempt motions for non-dissipation of assets in FLA claims
Sections 12 and 40 of the Family Law Act, allow for a non-dissipation of assets. Section 12 provides as follows: In an application under section 7 or 10, if the…
Disgraceful conduct
The police arrest of James Bishop was a disgrace. Watch the video here It is perfectly possible that his arrest was necessary — and in effecting an arrest force is…
Two men charged with murder in Midland homicide
A terrible story. Apparently the two men entered to premises and started to hassle the staff. Some staff escaped but the deceased entered as his wife was under attack and…
Amazingly good sentencing tool
rangefindr is a tool to help lawyers and judges find criminal sentencing ranges in seconds instead of hours. I have no interest direct or indirect in the website but it’s…
Safety Deposit Boxes
Cases about safety deposit boxes are so rare. Banks and trust companies are usually careful and do not allow boxes to be mis-assigned or improperly opened. That said, cases on…
I prayed for twenty years but received no answer until I prayed with my legs.
Frederick Douglass (Frederick Douglass was a slave who escaped — by praying with his legs he means he left his master. His point, more broadly, is that the oppressed have…
What should be a crime?
"But it does me no injury for my neighbour to say there are twenty gods or no God. It neither picks my pocket nor breaks my leg" -Thomas Jefferson, Notes…
An Act Against Slavery was an anti-slavery law passed on July 9, 1793
An Act Against Slavery was an anti-slavery law passed on July 9, 1793, in the first legislative session of Upper Canada, what is now Ontario. It was the first anti-slavery…
Mandatory Minimum Sentence Right for Firearms Trafficking
Christopher Lewis was a small time drug dealer. He sold crack cocaine to an undercover police officer on a few occasions, and then offered to sell him a .45 calibre…
Being a party to a conspiracy does not tie someone to things done by that person outside the scope of the conspiracy
R. v. Venneri, 2012 SCC 33 was released a few moments ago. While dealing in large part with criminal organizations, it has useful language pointing out that merely being a party to…
The Groia Decision – be very careful if alleging bad faith against a prosecution
Well known Toronto litigator Joseph Groia was found by the Law Society to have engaged in professional misconduct for his conduct during the Felderhof/Bre-X trial. The decision is lengthy and…
Unsworn and uncontested statements not a proper basis for judgment
R. v Fuller 2012 ONCA 473 (Goudge, Feldman, Blair JJ.A.) set aside a sentence as excessive having regard to the fact the appellant was a relatively youthful first offender who…