Never answer the question that is asked of you; answer the question you wish was asked of you
Robert McNamara
James C Morton
She said, ‘We have to call 911.’ And then she said, ‘But wait, it’s the police that are doing this.’
For reasons that seem incomprehensible to the Rest of Canada the violence in Quebec seems to be getting worse. The recent law to quell violent unrest (a law likely constitutionally…
Belief and seeing are both often wrong
Robert McNamara
It is dangerous to ignore repeated letters of counsel
Cook v. Cook, 2012 ONCA 333 shows how dangerous it is to ignore letters from the other side: Given the history of the proceedings, the motion judge was entitled to exercise her…
There is a respectable argument that crime can be deterred through punishment
There is a respectable argument that crime can be deterred through punishment. Empirical evidence demonstrating a deterrent effect does exist. Such evidence is hard to interpret and tends to show…
Toronto Riding Election overturned for irregularities
Wrzesnewskyj v. Opitz , 2012 ONSC 2873 was release today – see below for decision. The case was careful not to attach blame on the candidates but rather to focus…
Jury verdicts not to be lightly set aside
Morin c. The Gananoque Inn, 2012 ONCA 331 is a useful source for the, perhaps trite, law that a jury verdict will not be lightly set aside: L’appelante prétend également…
Closing Argument ~ interview with Steven Skurka and Eddie Greenspan on the death penalty
https://t.co/cElelo85
Conservative MP Ted Opitz’s 2011 federal election win last year in Etobicoke Centre has been declared null and void
OMG!!! http://www.cbc.ca/news/politics/story/2012/05/18/pol-court-throws-out-etobicoke-centre-election-wrzesnewskyj.html Conservative MP Ted Opitz‘s 2011 federal election win last year in Etobicoke Centre has been declared null and void in a challenge by former Liberal MP Borys Wrzesnewskyj.…
Abolishing the Fair Wages and Hours of Labour Act
The omnibus federal budget bill contains a provision abolishing the Fair Wages and Hours of Labour Act which requires federal contractors to pay workers the prevailing wage in the region.…
Causation in Manslaughter
R. v. Maybin, 2012 SCC 24, just released, is an important decision dealing with causation in manslaughter and when an intervening act may be seen to absolve liability. Courts have…
Unfortunate admission on detention
R. v. Pelech, 2012 ABCA 134: " At about 2:00 a.m. on December 6, 2009, an Edmonton police officer noticed a Jeep leaving the parking lot…
‘Time and punishment’ now Canada’s way
http://m.theglobeandmail.com/news/opinions/jeffrey-simpson/time-and-punishment-now-canadas-way/article2436127/?service=mobile You don't have to be a bleeding-heart liberal, or as the Conservatives like to say, someone who enjoys hugging thugs, to be concerned about where this kind of approach…
Morton’s Musings 2012-05-17 13:22:00
Panicked Greeks withdraw nearly $900 million from banks in one day People withdraw money from a branch of National bank of Greece in central Athens on May 17, 2012. ANGELOS…
Bald assertion of facts not evidence
Mosher Engineering Limited v. Ootoova Estate, 2011 NUCA 6 is yet another case making it clear that, to resist summary judgment, there needs to be an evidentiary record created that…
Tighter curbs on criminally insane mulled
This story is another example of unneeded new legislation. Public safety is already a driving consideration in dealing with persons found not criminally responsible for committing a crime. As set…