Success is the ability to go from one failure to another with no loss of enthusiasm
Winston Churchill
James C Morton
York bus drivers strike could last months, union says
While I doubt the strike will go on that long even a two week strike will pose a major problem:Tens of thousands of York Region Transit and Viva riders endured…
…in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for the decision
Insufficient reasons are a common basis for appeals to be granted. Harrison v. Burns, 2011 ONCA 664, released this morning, holds that, in some cases, written reasons are necessary: ...
Starting a claim or application — generally you have to serve personally
Because of financial constraints many people today are forced to act as their own lawyer. There is no reason you cannot act as your own lawyer and I have dealt…
YRT, Viva and GO buses on strike
This will be a mess: http://bit.ly/n6iKFG Labour strife reached a boiling point amongst GTA transit workers just in time for the Monday morning commute. About 560 drivers and mechanics from…
Marshal Sack Q.C.
Sad news: Marshal Sack passed away this morning.He had a command of the English that surpassed the great Sir Marshal Hall whom his mother presciently named him after. He was…
City loses ‘slip and fall’ appeal
The decision isn't quite as dramatic as some suggest. The City has a statutory duty to keep sidewalks open and safe; all the decision does is say the City has…
Melissa Lewis acquitted of murder charges in stabbing death of boyfriend
This is not as surprising as some suggest. The deceased was not the most sympathetic character and that often plays a role in jury verdicts. To be very clear, I…
Our Liberal Values
From the Oxford Manifesto 1997 -- http://bit.ly/puM5As "We reaffirm our commitment to the principles of Liberalism set out in the International Liberal Manifesto of April 1947: that liberty and individual…
Possession of Marijuana
Possession of marijuana is a criminal offense under the Controlled Drugs and Substances Act. To obtain a conviction the Crown need only prove:The accused had control of the marijuana -…
The discovery of a new fact helpful to a plaintiff’s case does not restart a limitation period
The Investment Administration Solution Inc. v. Silver Gold Glatt & Grosman LLP, 2011 ONCA 658 deals with the start of a limitation period. Subject to some exceptions, a limitation period…
The strictest law often causes the most serious wrong
Cicero's point is that law applied without the ability to adapt to specific situations can be grossly unjust. The new provisions from Bill C-10 requiring mandatory jail sentences for relatively…
Rats, roaches shut down gourmet grocery store Pusateri’s
Almost all grocery stores have mice. It's just a reality of the business -- not one that's advertised but a reality. http://bit.ly/qdJY11 Brendan Kennedy Staff Reporter  ...
Violence is not confidence, and terror is not mastery
Timothy Snyder
Solicitor-client privilege
R. v. Youvarajah, 2011 ONCA 654, released today online, has a good black letter statement of solicitor-client privilege: In the absence of waiver or a recognized exception, solic...
Substituting a Conviction for and Acquittal on Appeal
R. v. Katigbak, 2011 SCC 48 was released a few minutes ago. It deals with specific defences in child pornography cases. It also deals with when a Court of Appeal…