During the 16th Century Justices of the Peace presided with juries over criminal trials
There were 1,738 Justices for the whole of England in 1580. Chosen by the Lord Chancellor they did much the same work as they do today — except they also…
James C Morton
When are injuries were "caused by an automobile, by the use thereof or by the load carried in or on an automobile"?
Westmount (City) v. Rossy, 2012 SCC 30 was just released. It holds that it is enough that an accident leading to injuries take place where someone is inside a motor…
On the beach at Frobisher Bay
Note how the ice is melting
By ear we forget but paper stays put
An Inuit phrase pointing out how important it is to memorialize agreements.
An employee, who is terminated without cause, is not required to mitigate when entitled to a fixed term of notice or pay in lieu
Bowes v. Goss Power Products Ltd., 2012 ONCA 425 holds an employee, who is terminated without cause, is not required to mitigate his or her loss when entitled to a fixed term of…
Extreme intoxication is not morally blameless
Section 33.1 of the Criminal Code says that self-induced intoxication which renders a person unaware of or incapable of controlling their behaviour is not a defence where the person is…
If you are going to walk on thin ice, you might as well dance
I am told this is an Inuit proverb; maybe it is, although it sounds more like something out of Peanuts. But it does reflect a truth… .
Egypt president announcement delayed
Some might wonder if the delay is as a result of the elections authorities not being happy with the result: Quis custodiet ipsos custodes? Story here: CAIRO—Egypt’s elections authorities say…
Negligent misrepresentation and contributory negligence
The British Columbia Supreme Court in Neidermayer v. Gillies 2012 BCSC 143 reviews the relationship between negligent misrepresentation and contributory negligence at some length: The Court of Appeal in Chapeskie…
Not China; what’s the clue? No trees!
Also the bears are white and not black & white
Morton’s Musings 2012-06-20 07:32:00
Legislature Iqaluit, Nunavut
Beneficiary has no property interest in any specific asset of the trust
Spencer v. Riesberry, 2012 ONCA 418 is a lengthy decision dealing with trusts and family law. In the decision the Court made a useful comment about the beneficiary's lack of property interest in…
Standard of review for summary judgment
Scott & Associates Engineering Ltd. v. Finavera Renewables Inc., 2012 ABCA 181 is a useful source for the standard of review for summary judgment in Alberta. While based on the…
Clearly not Nunavut – the clue? The wood; Nunavut is above the tree line
Another clue, the bears here are generally all white … .
Self induced drug intoxication does not support a not criminally responsible disposition
R. v. Evans, 2012 ONCA 412 is a helpful source for the principle that a self induced drug intoxication does not support a not criminally responsible disposition: The respondent relies on R.v.Bouchard-Lebrun,…
Polar bear in the distance on land
Notice how the water is almost free of ice?
Judge to rule on whether obesity is factor in man’s fitness for fatherhood
It is difficult to think of a much more offensive consideration than this – well, maybe asking if a father’s religion makes him unfit would count. How about saying, listen…
Anything you say can and will be used against you!
Airports and border crossings in Canada are being wired with high-definition cameras and microphones that can eavesdrop on travelers' conversations, according to the Canada Border Services Agency. A CBSA statement…