Personal liability of counsel for costs
Attis v. Ontario, 2011 ONCA 675 is an important case dealing with the liability of counsel for costs. The judge of first instance ordered counsel personally to pay for costs…
James C Morton
Stay for excessive use of force
R. v. Tang, 2011 ONCJ 525 deals with a stay of proceedings as a result of excessive use of force by a state actor. Although the trial level the decision…
Toronto mayor makes TV commentator Olbermann’s ‘worst person in the world’ list
OK, this is downright silly. I disagree with Rob Ford on almost every policy matter you can imagine. I was not impressed with his refusal to attend Pride Week. But…
Taxation
"Taxation, far from being a bureaucratic scam to steal our hard-won earnings by some alien "them" or "it," is the way citizens pool resources to do public things together they…
Occupy Edmonton wants a Robin Hood tax
It sounds good - almost as good as "make the rich pay" - "make the bankers pay!!!". Here's the rub - a tax on financial transactions will almost certainly turn…
A chat with a Riding President from Quebec
I had a good chat today with a longtime Liberal and Riding President from Quebec. The President emphasized to me a sense that members felt alienated from the Centre. There…
Similar fact evidence and issue estoppel
R. v. D.N.C., 2011 ONCA 672 is an interesting case dealing with the concepts of issue estoppel and similar fact evidence. An accused was charged with certain offences; the charges…
I nominate a Panda as the next King of Canada
Very regal -- although a Polar Bear might be even better (certainly beats a beaver)
Commonwealth leaders agree to remove ban on Catholic Monarchs
Regardless of your views as to the Monarchy, the ban on a Catholic being Canada's Head of State is an ongoing disgrace; the change is, oh, about 290 years overdue:Commonwealth…
Administrative tribunals are generally entitled to deference in respect of the legal interpretation of their home statues and laws or legal rules closely connected to them
Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2011 SCC 53 was released today. Among other things it deals with the standard of review of decisions of administrative tribunals.…
Jury verdicts raise question: Has become acceptable for ‘bad people’ to be killed?
Betsy Powell Courts Bureau In less than a week, two Toronto juries have acquitted defendants who admitted killing people who may or may not have been armed.Both trials featured victi...
The cost of lifting every Canadian out of poverty is $12B
To raise that much money you need to raise GST by 2%. Hmmn, remind me, isn't that the amount the Conservatives cut the GST?(Source, Maclean's Oct 31)
A stay of criminal proceedings is justified only in the “clearest of cases” where no other remedy is available
R. v. P.A., 2011 ONCA 673 is a good current source for the principle that a stay is only available in criminal (and quasi-criminal) cases in the clearest of cases. Stays for, say,…
Who leaked mayor’s 911 call?
Remember Hanlon's Razor: Never attribute to malice that which is adequately explained by stupidity. I doubt the 911 Call Centre said "it's Mayor Ford - respond slowly" or "gosh it's…
A time for Unity and not for Factions!
Everywhere I go there is a sense of quiet resolve. We Liberals have experienced the allure of the quick fix and seen how it always fails. Our return will not…
Bilingual Statutory Interpretation
Dean v. Mister Transmission (International) Limited, 2011 ONCA 670, a decision of Karakatsanis J.A., soon for the Supreme Court, analyzes bilingual statutory interpretation. Her discussion is most useful:Bilingual Statutory Interpretatio...