James C Morton
Change to Summary Judgment Rule without Meaning?
Estates Associates Inc. v. 1645112 Ontario Ltd., 2012 ONCA 75 is another summary judgment case arising under the amended Rule 20. Once again, a weak case was held to be sufficient to avoid…
Tackling Violent Crime Act makes no material difference in dangerous offender finding
R. v. Lewis, 2012 ONCA 78 deals with an appeal from a finding the accused was a dangerous offender. In so finding the Court held that, at least here, the difference between the…
Totality principle
R. v. Hutchings, 2012 NLCA 2 is an important and careful decision considering the totality principle in the context of multiple offences. The principle applies to ensure the overall sentence…
Sixty Years Queen of Canada
Most of us have no memory of anyone other than Elizabeth being Queen. And in truth she has been a dedicated and model Monarch: http://news.nationalpost.com/2012/02/06/queen-elizabeth-ii-marks-60-years-on-the-throne/ KING’S LYNN, United Kingdom —…
Bill C-10 will hit Nunavut hard, Shewchuk tells senators
This is a comment from a prison guard: “We all want safe streets and safe communities. But in the short term, the only way to implement bill C-10 in Nunavut…
Why did Caterpillar buy a plant only to destroy it?
http://bit.ly/wNcPwC "So the first lesson of the London massacre: Ottawa must be vigilant about vetting foreign investment and retaining jobs, but also mindful of valuing — and anchoring — our…
Polar Bear Tonja
http://www.youtube.com/watch?v=L5pd_aBS514&feature=player_embedded
Lead up to intervention in Syria?
French Foreign Minister Alain Juppe called the killings in Homs a “massacre” and a “crime against humanity.” In remarks clearly aimed at Moscow, he said any country that blocked U.N.…
Mental illness and sentencing
R. v. Prioriello, 2012 ONCA 63 deals with when mental illness is a mitigating factor in sentencing. The Court holds: . In order for a mental illness to be considered…
When can a consent order be appealed?
Ruffudeen-Coutts v. Coutts, 2012 ONCA 65 deals with when leave to appeal a consent order will be granted. Under s. 133(a) of the Courts of Justice Act, R.S.O. 1990, c.…
Bears are not companions of men, but children of God, and His charity is broad enough for both…
We seek to establish a narrow line between ourselves and the feathery zeros we dare to call angels, but ask a partition barrier of infinite width to show the rest…
What is the appropriate remedy where a trial judge has misapprehended the evidence?
R. v. B.W., 2012 NSCA 13 deals with the appropriate remedy where a trial judge has misapprehended the evidence. The Court holds that where there is evidence that could reasonably…
The judge didn’t find the accused was remorseful
The judge wrote: " Mr. Kaziuk would rip-off the wings of all the angels in heaven and sell them to the devil for his own gain if he could." R.…
When it is appropriate to assign counsel for an individual who is party to an appeal in a criminal matter
R. v. Hoskins, 2012 BCCA 51 considers when it is appropriate to assign counsel for an individual who is party to an appeal in a criminal matter. The test is…