In the right circumstances consent can be a defence to assault bodily harm
R. v. McDonald, 2012 ONCA 379 points out that consent can be a defence to assault bodily harm. Specifically, consent is a defence and is vitiated only when the accused…
James C Morton
Damages necessary before cause of action discovered?
Shauna Thompson v. Dr. Yogi Sehgal, 2012 ONSC 3258 is a very recent summary judgment decision that may be a source for the proposition that a cause of action is…
GM confirms jobs gone for good: all Canada is Cape Breton
"Goin' Down the Road" (1970) is one of Canada's best films. It shows how poorly educated folks from Cape Breton struggle and fail in Toronto where the good jobs require…
And so, to the end of history, murder shall breed murder, always in the name of right and honour and peace, until the gods are tired of blood and create a race that can understand
~George Bernard Shaw, "Caesar and Cleopatra"
Luka Rocco Magnotta: Best Gore web site owner may be charged. If anything is obscene the murder video is.
As readers may remember, I wrote a few days ago about the obscenity laws in Canada. Sex with horror or violence can be obscene — mere horror or violence cannot…
Non-suits in defamation actions
Seredy v. RBC Royal Bank of Canada, 2012 ONCA 377 is a defamation case dealing with non-suit. It stands for the proposition that, when considering a non-suit, the court must…
Ineffective assistance of counsel
The decision of the Nova Scotia Court of Appeal in R. v. Ross 2012 NSCA 56 is a useful source for the proposition that failing to advise the accused about…
Christie Blatchford is right : Eaton Centre shooting " it is less a sign of the impending apocalypse than all the nonsense being written and spoken about it"
She's a bit harsh on the media — they have to write something. That said, while the Eaton Centre shooting is awful it really doesn't reflect much about Toronto as…
An injunction may go to restrain conduct that is not, in itself, a tort
Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31, 2012 BCCA 238 holds that an injunction can be granted to enjoin harassment. In doing so the Court held…
Judges must rule on all steps in applications and motions
Trial and motion courts are very busy. Sometimes Courts are tempted to take a shortcut and go directly to the result without making interim rulings. In civil court judges sometimes…
When a surgeon performs an operation to treat a wound "do we say to him: ‘Your hands are covered in blood’" Assad asked? "Or do we thank him for saving the patient?"
A curious analogy to be sure. Here's the only thing that concerns me about the end of Bashar al-Assad's reign — what follows? The Shah was pretty awful — but…
Police do not disclose description of shooter — why?
The failure to provide any description of the shooter is suggestive; either the police are unsure as to who the shooter was or, perhaps, they have an idea but are…
Substantial success and costs on civil appeals
Doucette v. McInnes, 2012 BCCA 235 deals with the issue of substantial success and costs in the Court of Appeal. While arising in British Columbia and so governed by that…
Shooting to kill one but killing another is murder
A murder occurs when, among other circumstances, a person means to cause the death of a human being or cause him bodily harm that he knows is likely to cause…