R. v. MacIsaac, 2015 ONCA 587: It was open to the trial judge to draw inferences that reasonably and logically flowed from the facts established by the evidence. But it…
In Canada we have a constitutionally protection freedom to say whatever we want. The Constitution says “Everyone has the following fundamental freedoms … (b) freedom of thought, belief, opinion and…
1196303 Inc v Glen Grove Suites Inc., 2015 ONCA 580: Election and merger are separate, albeit related, concepts. Election refers to a decision to pursue either the agent or the…
Of the Law Societies of Upper Canada and Nunavut
R. v. S.N., 2015 NUCJ 25: As outlined by this Court in DeJaeger, at paragraphs 173 and 174, Nunavut leads the country in its per capita rate of sexual offences…
WASHINGTON (AP) — It’s double trouble for the National Zoo after its adult female panda gave birth to twins. http://news.yahoo.com/national-zoo-panda-mei-xiang-appears-labor-185519893.html
Sexual activity is a normal part of adult life. But it’s a normal part of adult life – it’s not something appropriate or normal for children. That means there is…
Burdens of proof are often seen as something boring and only important for lawyers. In fact, the burden of proof is important for everyone and can sometimes lead to results…
Whenever you are going to be in Court there are some basic rules you should follow. These rules apply in every Court regardless of whether you are going to be…
Fernandes v. Araujo, 2015 ONCA 571: As an intermediate court of appeal, we are ordinarily bound to follow our past decisions, even decisions with which we disagree. It is important…
Godard v. Godard, 2015 ONCA 568: Although a child’s wishes, particularly the wishes of a child of S.’s age, should certainly be considered by a court prior to making an…
Although it is scary to think about, we all come to the end of our lives. Obviously it would be best if that happened quickly at the end of a…
790668 Ontario Inc. v. D’Andrea Management Inc., 2015 ONCA 557: The appellants argue that the motion judge made three errors in principle and was plainly wrong in making the cost…
The concept of self defence is instinctive; if someone attack a you it is only human to defend yourself. Similarly if someone attacks your child or parent or partner you…
Of the Law Societies of Upper Canada and Nunavut
Sexual harrassment is a type of discrimination based on sex. It involves unwelcome comments or actions based on sex usually taking place more than once over a period of time.…
Since at least the 1940s the test to set aside default judgment has involved three criteria. So the Court of Appeal in Roth v. Bourollias, 2011 ONCA 760 held: In…
Green v. Green, 2015 ONCA 541: An order of costs is discretionary and entitled to deference. The Courts of Justice Act, R.S.O 1990, c. C.43 affords broad discretion to trial…
The Supreme Court in R. v. Rodgerson, 2015 SCC 38 says jury charges are too long – see below. Some might suggest the Court is responsible for the great increase…
