Making a Complaint
The law is a very blunt instrument. Not every legally viable claim should be pursued. Even if you have been in some way wronged by a business it may not…
James C Morton
Today’s Star
First, remove the handcuffs from judges and let them do the job they are paid to do: judge. One Criminal Code amendment can undo the worst of the mandatory measures…
Motion to extend time to serve and file appeal
Nguyen v. Economical Mutual Insurance Company, 2015 ONCA 828: With that factual background in mind, I turn to the test for an extension of time for the service and filing…
Stinchcombe Disclosure
Under Stinchcombe, the Crown has a broad duty to disclose all relevant, non-privileged information in its possession or control to persons charged with criminal offences. Disclosure of this information...
Drinking and Christmas
It's nearly Christmas and it's a time for parties and happy times with friends and family. Unfortunately it's also a time when people tend to overindulge and drink too much.…
Brevity of reasons not problematic if record supports decision
Roffey v. Hunter Corporation, 2015 ONCA 824: The brevity of the motion judge’s reasons does not cause us any concern. A failure to specifically refer to the factors to be…
Overbroad Legislation
R. v. Appulonappa, 2015 SCC 59: A law is said to violate our basic values by being ...
Damages for injury to property to be based on restoration cost
Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819: At common law, the traditional view was that damages for any type of injury to property should be measured by the diminution…
Toronto police urged to stop immigration ‘status checks’
There's a disconnect here. Toronto pays for a police service but does not make the laws (or at least the major laws) that the police must follow. So calling Toronto…
An employer’s finances do not affect the quantum of notice for dismissal
Michela v. St. Thomas of Villanova Catholic School, 2015 ONCA 801: The nature and purpose of notice are well established. Although employees may be dismissed without cause,"employment contracts for an…
How Funny is Murdering Prostitutes?
At the American Music Awards last night (from the BBC Story):Actress Anna Kendrick skewered the cliches of acceptance speeches as she collected the best soundtrack prize for her film Pitch…
Lending Money to a Friend
Your best friend calls you and says "I hate to say it but I am totally broke and can't even buy groceries, can you lend me some money?" You decide…
Waiver of Privilege
R. v. Nuttall,2015 BCSC 2102: It is because solicitor/client privilege is fundamental to our justice system that the court must be vigilant in its defence and preservation. As Major J.…
Reliability not ensured by oath
Generally speaking reliability for purposes of the principled exception to the hearsay rule has been met by an oath. That is the concept behind the KGB Statement. In a surprising…
Paramountcy of Federal Legislation
Alberta (Attorney General) v. Moloney, 2015 SCC 51: A conflict is said to arise in one of two situations, which form the two branches of the paramountcy test: (1) there…