Oshawa’s waterfront
I disagree with the general premise — Oshawa is a pretty good place and there's lots to do if you look. But … the waterfront is a problem and an…
James C Morton
Facts implied by out of court statement may be hearsay
R. v. Baldree, 2012 ONCA 138 is an important decision holding hearsay may arise from statements implied by an out of court statement. This is something of a shift in Canadian law. Hearsay…
Misleading calls followed ID as non-Tories
If this is true — and some who say they were subject to misleading calls may be incorrect — it is very serious and does point to a national scheme…
Forum choices should be respected
Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd., 2012 SCC 9 holds that, where parties have selected a forum to resolve disputes they should, generally, be held to…
National Post column argues for the death penalty
One name: Guy Paul Morin. If the death penalty existed he would surely have been put to death for a crime he did not commit. (Guy Paul Morin was wrongly…
House of Commons to hold abortion debate in April
http://bit.ly/AqDMVo OTTAWA — A controversial proposal from a Conservative backbencher to legally define fetuses as human beings — and reopen the abortion debate — will have its day in the…
Good and evil side by side
This is a solid piece by Christie Blatchford — she noticed a young family with a little boy in a video of Terri-Lynne McClintic at a Home Depot in Guelph,…
Tori Stafford — view the evidence very closely
The breathless coverage of Terri-Lynne McClintic's testimony in the Tori Stafford murder largely accepts what McClintic says. But wait — McClintic is a deeply troubled person who was, even if…
Limitation Periods: Damage and damages are different concepts
Hamilton (City) v. Metcalfe & Mansfield Capital Corporation, 2012 ONCA 156 is a useful limitations case that makes clear the limitation period commences running when, among other things, damage is…
IF Quebec refuses to implement crime bill does that mean equality right violated?
Assume this happens. Does that mean someone in Ontario can claim a breach of equality rights because of unequal sentencing? http://bit.ly/zLgDZJ The debate isn't over yet for the Harper's government's…
Discrimination is often “proven by circumstantial evidence and inference”
Shaw v. Phipps, 2012 ONCA 155, released today, is an important case upholding a determination by the Human Rights Tribunal. In ruling the Court made useful comments about the proof…
Prediction: The application to remove Rob Ford will fail
Even ignoring the immaterial nature of the supposed conflict, there was no real 'benefit' to Ford — remember this was money going to a sponsored sports team. Regardless, despite what…
Gay bashing in Uganda: Silence is not an option
BERNIE FARBER Globe and Mail http://www.theglobeandmail.com/news/opinions/opinion/gay-bashing-in-uganda-silence-is-not-an-option/article2367155/?utm_medium=Feeds%3A%20RSS%2FAtom&utm_source=Opinions&utm_content=2367155 As Canadians, we must be careful not to be lulled into complacency. After all, we live in a country that celebrates diversity, pluralism and…
Anytime someone is ordered to do something and not permitted to consult a lawyer, I think ‘draconian’ is a very fair description.
http://bit.ly/xfS4hJ As currently written, C-30's non-disclosure provisions empower (but do not mandate) courts to compel ISPs, banks, journalists and anyone else subject to production or preservation orders or demands in…
Marx once said to Lafargue: ‘Ce qu’il y a de certain c’est que moi, je ne suis pas Marxiste.’ (If anything is certain, it is that I myself am not a Marxist)
Frederick Engels Letter oo Eduard Bernstein 1882 http://bit.ly/AoMuNW