James C Morton
RIDE fully up and running
It's never ok to drink and drive. But every year I see people who got careless during the holiday season — one killed someone else, nearly died himself and is…
On to the Supreme Court of Canada: Canada’s polygamy law is constitutional
Canada’s polygamy law is constitutional but flawed, B.C. Supreme Court Chief Justice Robert Bauman ruled Wednesday. Bauman found that the law is constitutionally sound, except as it applies to children…
Corporations do not become affiliates within the meaning of the Business Corporations Act (Ontario) merely because one has a right to acquire an interest in the other
Bond v. Brookfield Asset Management Inc., 2011 ONCA 730 has a useful aside that makes it clear corporations do not become affiliates within the meaning of the Business Corporations Act…
A directed verdict is not available if there is any admissible evidence which, if believed by a properly charged jury acting reasonably, would justify a conviction
R.v. Barros, 2011 SCC 51 has some useful language regarding directed verdicts: A directed verdict is not available if there is any admissible evidence, whether direct or circumstantial which, if…
Liberal PTAs and Commissions
Recently there has been discussion in the media about the Liberal Party and how the Party cannot compete because of an 'awkward' management structure. I disagree. First, the argument we…
What is liberalism?
Talking tonight to an Alberta Liberal I was asked 'what do I believe as a liberal'. I thought at first about what I don't believe in — the Conservative crime…
A person who voluntarily chooses to be a member of a self-governing organization and who has been aggrieved by a decision of that organization must seek redress in the internal procedures of the organization
Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada, 2011 ONCA 728 deals with the authority (or lack thereof) of the Courts to adjudicate issues arising…
What is Ozone?
Ozone, or trioxygen, is a triatomic molecule, consisting of three oxygen atoms. It is an allotrope of oxygen that is much less stable than the diatomic allotrope (O2). Ozone in…
This is my favourite version of Pete Seeger’s take on Guantanamera
http://www.youtube.com/watch?v=wFAGgla7oQQ&feature=related
Occupy Toronto – it is the stuff of middle class Canada
I am about as 1% as you can get. I carry a briefcase, wear a suit and have a well-trimmed beard. In fact Global TV interviewed me with the clear…
Discovery Plan: Rule 29.1
As of January 1, 2010 pretty well every civil case in the Ontario Superior Court has required a Discovery Plan under R. 29.1. It looked like a good idea —…
Occupy Toronto told to leave
I’ll be there this evening — it will be interesting to see what’s going on!!! http://www.theglobeandmail.com/news/national/toronto/after-eviction-order-occupy-toronto-considers-appeal/article2243263/ While municipal officials urged the Occupy Toronto movement to peacefully end its month-long encampment…
Summary judgment — evidence needed
Conn v. Goldstone Resources Inc., 2011 ONCA 727, released today on line, is a helpful case reminding us that on a summary judgment motion evidence is needed: In our view…
Man gets $100,000 after police mistake shampoo for drugs
In Canada there would almost certainly have been no compensation or, at most, a trivial sum. Going after the authorities for wrongful prosecution is very difficult here. http://bit.ly/rERobe…