James C Morton
An employee’s duty to accept a different position with employer to mitigate damages after being terminated from another position
Chandran v. National Bank of Canada, 2012 ONCA 205 deals with an employee's duty to accept a different position with their employer to mitigate damages after being terminated from another position. The decision…
Final Speech of Charles I
Some comments on the blog reminded me of this speech. Arguably it is the best argument against democracy and in favour of enlightened tyranny. But remember what Churchill said, “Democracy…
Stay pending appeal
Fontaine v. Canada (Attorney General), 2012 ONCA 206 deals with stays pending appeal and the test for such stays (oddly, the author was involved in such a motion this week):…
Judges shouldn’t be making social policy
"Since the 1980s our biggest social questions have been decided by judges. Abortion, gay marriage, medical marijuana, Canada's obligations to citizens imprisoned abroad and now prostitution are all highly contentious…
Provincial election???
My guess is the NDP will back the budget, at least to the extent of having a couple of members stay out of the voting — but it will be…
Jean Delville: ‘Parsifal’
http://www.youtube.com/watch?v=AQOfIENN2tk&feature=b-vrec
Sufficient reasons required
R. v. D.A., 2012 ONCA 200 is a good illustration of the need for trial judges to be careful in giving reasons that fully set out the basis for judgment.…
Intervention in Charter cases
R. v. Mernagh, 2012 ONCA 199: Where the intervention is in the context of a Charter case, whether an intervener has an important perspective distinct from the immediate parties is an important…
Narrative evidence
R. v. D.A.R., 2012 NSCA 31 has useful language regarding narrative evidence: Narrative evidence may be admissible for a variety of purposes: to understand the unfolding of events surrounding an…
What Canada really needs — as the Ontario Court of Appeal majority hints — is for Parliament to rip up the existing system of prostitution laws, which is based on centuries-old common law concepts, and start afresh
Jonathan Kay: A worthy, measured blow for prostitution-law reform http://natpo.st/H8V8vs
Restitution proper only after inquiry into ability to pay
R. v. Catenacci, 2012 ONCA 187 deals with restitution orders and makes clear an inquiry as to ability to pay is a condition precedent to making an order. As such orders are increasingly…
Today’s prostitution decision
Once again judges have been called in to decide social policy. Today the Ontario Court of Appeal legalized brothels in Ontario. While the Court stayed the effect of its decision…
Bawdy Houses legalized! Wow – I didn’t see that coming!
Canada (Attorney General) v. Bedford, 2012 ONCA 186 http://bit.ly/GSpgL7
A good reason to incorporate under the CBCA?
Under the Canada Business Corporations Act (see below) an appeal of a final order lies to the Court of Appeal; under the Ontario Business Corporations Act such an appeal lies…