What is a Contract?
I ask you to dinner and you stand me up. As a result I lose some money preparing extra food and I open a bottle of wine I might otherwise…
James C Morton
Triers of fact to be given leeway in credibility and findings of fact
R. v Govenlock, 2015 ABCA 343: Trial judges have considerable leeway in their appreciation of the evidence and the proper inferences to be drawn therefrom, in their assessment of the…
Defining Terrorism
Terrorism is a major concern in modern life. Canada has been called a “peaceable kingdom” but there has been plenty of politically motivated violence in Canada’s past. Ignoring the 1837…
An appeal is not from the reasons but from the order
An appeal is not from the reasons but from the order. This basic point is often overlooked and is surprisingly hard to find explicitly in the caselaw. A recent Yukon…
But I didn’t know it was illegal!
There is an old legal concept – ignorance of the law is no defence. The idea is that no one can defend a charge by saying they didn't know what…
Morton’s Musings 2015-11-12 08:45:00
ND did those feet in ancient time Walk upon England’s mountains green? And was the holy Lamb of God On England’s pleasant pastures seen? And did the Countenance Divine Shine…
Help Resettle a Refugee Family
My Dear Friend Gary Gladstone asked me to post this and I am proud so to do! Like thousands of other Canadians, we were shocked and saddened by photographs of…
Waving Bear
Of the Law Societies of Upper Canada and Nunavut
Intervention
Most court cases are very important to the people involved and of little or no importance to others. So if I lose my job and sue my employer it' important…
Parties to a Proceeding
In any court or regulatory tribunal there are a minimum of three participants. First, the party seeking an order. This the prosecutor in a criminal or regulatory matters or the…
The Presumption of Truthfulness
There is no presumption of truthfulness. R. v. Bradey, 2015 ONCA 738 says: No presumption of honesty or truthfulness accompanies the witness to the witness box. It follows that an…
Mid Trial Rule 21 Motions
Rule 21 allows for a judge to make determinations of law before trial that will eliminate cases where there is no claim or defence known to law. The Rule is…
Contempt available only on currently existing orders
Fiorito v. Wiggins, 2015 ONCA 729: The civil contempt remedy exists where a party fails to comply with a live or operative order of the court: Family Law Rules, r.…
Written Agreements Can Only Be Interpreted In Context
Puri Consulting Limited v. Kim Orr Barristers PC, 2015 ONCA 727: As Doherty J.A. noted in Dumbrell v. The Regional Group of Companies Inc. (2007), 85 O.R. (3d) 616 (C.A.),…
Rainy Day – Stay In
Of the Law Societies of Upper Canada and Nunavut
Effect of an acquittal
Palermo, O.J. No. 3191 (Durno) at para 51-52: 39 Mr. Perrin relies on R. v. Grant (1991), 67 C.C.C. (3d) 268 (S.C.C.) and R. v. Grdic 1 S.C.R. 810 as…