Luka Magnotta and Vince Li — not the same
Comparisons are being made between Vince Li and Luka Magnotta. Since Mr. Li was found not criminally responsible could Mr. Magnotta be also so found? Readers may recall Mr. Li…
James C Morton
Harmless error
R. v. Roy, 2012 SCC 26 is a dangerous driving case. While important in terms of the fault component this note focusses on the harmless error analysis. The Court holds:…
There’s distinct possibility of no GM plant in Canada within two years
General Motor's announced closure in Oshawa is bad news, bad news indeed. Canada gave General Motors $9.5 billion in 2009 when the auto manufacturer filed for bankruptcy. The terms and…
This spring, Mr. Lin, a romantic and a Francophile cat lover, crossed paths with Luka Rocco Magnotta, a self-proclaimed porn actor and white supremacist with a reputation for torturing kittens
http://m.theglobeandmail.com/news/national/body-parts-victim-was-a-romantic-looking-for-love/article2450023/?service=mobile
GM to close Oshawa line, throwing 2,000 out of work
Perhaps having Conservative MPs isn't as helpful as one might think? http://www.thestar.com/mobile/NEWS/article/1204159 "As previously announced, the Consolidated Line will cease at the end of (the) scheduled lifecycle for the current-generation…
Important Labour Law/Freedom of Association decision
Mounted Police Association of Ontario v. Canada (Attorney General), 2012 ONCA 363 was released today. It is a very lengthy and careful decision that will almost certainly go to the Supreme Court: http://www.ontariocourts.ca/decisions/2012/2012ONCA0363.htm
Reply is confined to responding to an issue raised by the responding party on which the moving party has not taken a position
Dennis v. Ontario Lottery and Gaming Commission, 2012 ONCA 368 is a helpful case dealing with Reply in the context of a factum, but with broader implications. Despite the practice…
Body-parts murder video not obscene; and that’s ridiculous!
One of the most surprising (to me) aspects of this case is the gore.com website. Apparently the murder went online (I gather users can post their own videos) and the…
Right to terminate a consumer supply contract on amendment
Weller v. Reliance Home Comfort Limited Partnership, 2012 ONCA 360 deals with General, O. Reg. 17/05 to the Consumer Protection Act, 2002, S.O. 2002. The Regulation governs changes made by…
Withdrawals (and peace bonds) are irrelevant as a consideration on bail
R. v. Krasniqi, O.J. No. 5815 holds that withdrawals (and peace bonds) are irrelevant as a consideration on bail because they are simply unproven allegations and absent an admission about…
Justice of the Peace Bench
Defending the Bench The Justice of the Peace Bench has become thoroughly professional and is a highly trained and skilled body of adjudicators. The ancient office of justice of the…
Subjective intention a necessary part of murder
R. v. McIntyre, 2012 ONCA 356 is a good example of the requirement that, for a murder conviction, the accused must be found to have a subjective intention to kill,…
Not all failed candidates got ‘plum’ appointments
Which is why at least one is heading to work a bit before 5:00 am today … . http://www.nationalpost.com/m/news/blog.html?b=news.nationalpost.com/2012/05/29/failed-ndp-candidates-rewarded-with-political-jobs-too-peter-van-loan&pubdate=2012-05-30 "A Postmedia News analysis found that about a quarter of Conservative…
A vexatious litigant order cannot be obtained on motion in an action but only by application
Lukezic v. Royal Bank of Canada, 2012 ONCA 350 holds a vexatious litigant order cannot be obtained on motion in an action but only by application: My colleague concluded that…