Why the Wildrose win is ominous for the ‘third’ Party
What happened? The 'liberal' vote saw a choice between Wildrose and PC. And the 'liberal' vote went for PC. If liberals see an election and important and a two horse…
James C Morton
Lincoln did not belong to a Church
As a result some suggested he was unworthy to be elected. His response, set out below, is interesting especially today. Lincoln does not say 'I don't belong to a Church…
No Provincial Election
Imagine what the Progressive Conservatives could have obtained had they negotiated? http://www.thestar.com/news/canada/politics/article/1166296–ontario-budget-mcguinty-and-horwath-in-last-ditch-talks-to-prevent-election?bn=1 Premier Dalton McGuinty has agreed to NDP Leader Andrea Horwath’s “tax-the-rich” scheme in exchange for support of the…
Error alone does not lead to appeal
R. v. Bourdon, 2012 ONCA 256 is a good example of when an error does not ground an appeal. One can get the right answer for the wrong reason: "I recognize that the…
Causation
Brake-Patten v. Gallant, 2012 NLCA 23 provides a good synopsis of the law regarding causation in tort: Causation in law is an expression of the relationship that…
Mulcair doesn’t clarify stance on pot decriminalization
Would he support making it legal? Saying someone with a small amount of marijuana shouldn't go to jail says nothing about the legal status of marijuana — very few people…
Used properly, nonsense cannot survive the web.
The internet has changed fact-checking in an amazing way. Used properly, nonsense cannot survive the web. I was reading a text and the author made a claim about something unlikely…
Test for a judge to vary from a joint submission is the same regardless of whether the variation is to increase or decrease
R. v. DeSousa, 2012 ONCA 254 is an important decision holding the test for a judge to vary from a joint submission is the same regardless of whether the variation is to increase…
Common law duty of fairness does not always require that a party be permitted legal representation
Telfer v. The University of Western Ontario, 2012 ONSC 1287 holds that there the common law duty of fairness does not, in an administrative context, always require that a party…
Ontario jails under pressure with Kingston Pen closure
Kingston Pen is a dreadful place and should have been closed years ago. That said, it isn't clear where the really bad guys are going to be sent. I half…
“Let me be clear – maximum security offenders will be moved to maximum security units at existing facilities”
Errrh, where? http://natpo.st/JjSdC7 The closure of the Kingston Penitentiary doesn't mean that inmates held there can expect lighter treatment, Toews said, adding that the closure would increase the safety of…
Transcript of a video/audio tape used at trial is wrong — may ground an appeal
R. v. J.K.L., 2012 ONCA 245 is a troubling case reflecting the extensive use of videotapes and audiotapes in modern trials. It is common for transcripts of the tapes to…