Ode on Melancholy
NO, no! go not to Lethe, neither twist Wolf's-bane, tight-rooted, for its poisonous wine; Nor suffer thy pale forehead to be kist By nightshade, ruby grape of Proserpine; Make not…
James C Morton
Residence of a trust is where the central management and control of the trust actually takes place
Fundy Settlement v. Canada, 2012 SCC 14 deals with the residence of a trust and holds it is to be determined much the same way as the residence of a…
Impecuniosity a factor to consider when determining consequences of failure to pay costs
Tarion Warranty Corporation v. 1486448 Ontario Inc., 2012 ONCA 288 is a useful source for the proposition that impecuniosity is a factor to consider (even if not dispositive) when determining…
Polar Bears in ‘Awesome’ 400 Mile Swim Marathons to Hunt Iceflow Seals
Research have found some bears are swimming more than 400 miles to find ice caps (Reuters) Polar bears are been forced to swim more than 400 miles non-stop in search…
Fantino offshore banking documents fake
Frankly this always seemed a bit bogus to me — see my earlier tweets — while perhaps a divisive figure Julian Fantino is not corrupt and the idea he had…
"Just because a piece of evidence operates unfortunately for an accused does not of itself render the evidence inadmissible or the trial unfair "
R. v. Jesse, 2012 SCC 21
Fresh evidence on appeal
R. v. T.S., 2012 ONCA 289 deals in detail with the reception of fresh evidence on appeal: Appellate courts have the broad discretion to receive further evidence on appeal when…
Mayor Rob Ford chases and confronts Toronto Star reporter
I suppose in fairness Mayor Ford might have been worried about his family — but if so he should have called the police instead of acting himself. The end result…
Rae confirmed that he is waiting until June or July to determine whether he will be a candidate in that race.
But he said the Liberals first have to set the rules for the contest — including whether Rae will be eligible, given his interim post. "Before I'm allowed to make…
It is troubling that 30 years after proclamation of the right to a speedy trial, that right remains precarious in some jurisdictions
R. v. Wong, 2012 ONCA 286 has some useful language about delay in the Ontario Court of Justcie: We cannot leave this case without noting one troubling aspect of this…
Hang glider tragedy and obstruct justice
A reader asked: James, if you can answer without discussing the actual case involving a hang glider pilot, I would like to know how someone in his position could be…
Moral guilt and criminal responsibility
"It is evident that a man with a propensity to crime must be stopped, but so must a man who has hydrophobia and wants to bite people, although nobody considers…
Conrad Black cleared to return to Canada — temporarily
Former media baron Conrad Black, seen in this undated file photo, will be allowed to live in Canada after his release from prison this week, according to reports. Photograph by:…
It was us: BlackBerry-maker RIM admits panned Apple flashmob was a marketing stunt
RIM would do well to just work on their phones — and try to get them to have enough memory so they don’t continuously crash: The stunt saw dozens of…
A judicial officer may rely on what is submitted during a sentencing hearing unless there is a dispute on the facts
R. v. Ducharme, 2012 MBCA 35 is a helpful source for the proposition that a judicial officer may rely on what is submitted during a sentencing hearing unless there is…