Expert Police Evidence Excluded for Lack of Independence
R. v. McManus, 2017 ONCA 188: (c) The Relevant Principles To be admitted into evidence, an expert’s opinion must be (1) logically relevant to an issue in the proceedings; (2)…
James C Morton
Lawsuits are to be determined on the pleadings
Moore v. Sweet, 2017 ONCA 182: This Court has made it clear on a number of occasions that lawsuits are to be decided within the boundaries of the pleadings (i.e.,…
Lawsuits are to be determined on the pleadings
Moore v. Sweet, 2017 ONCA 182: This Court has made it clear on a number of occasions that lawsuits are to be decided within the boundaries of the pleadings (i.e.,…
Better to Be Fair Than Fast
Traditionally in Canada very serious criminal cases go to trial only after they have been reviewed by a judicial officer who hears from witnesses and decides there is enough evidence…
Better to Be Fair Than Fast
Traditionally in Canada very serious criminal cases go to trial only after they have been reviewed by a judicial officer who hears from witnesses and decides there is enough evidence…
Role of Trial Judge: Nelson (City) v. Mowatt, 2017 SCC 8
It is not the role of appellate courts to second‑guess the weight to be assigned to the various items of evidence. Absent palpable and overriding error — that is, absent…
Role of Trial Judge: Nelson (City) v. Mowatt, 2017 SCC 8
It is not the role of appellate courts to second‑guess the weight to be assigned to the various items of evidence. Absent palpable and overriding error — that is, absent…
Speedy Trial
How long should a criminal case take to get heard? The Canadian Constitution provides that anyone charged with an offence is entitled to a speedy trial. The concept is that…
Speedy Trial
How long should a criminal case take to get heard? The Canadian Constitution provides that anyone charged with an offence is entitled to a speedy trial. The concept is that…
Why should I settle?
Suppose you lent money to someone for an investment. It was money that you had saved up over the years and you expected to have a decent rate of return…
Why should I settle?
Suppose you lent money to someone for an investment. It was money that you had saved up over the years and you expected to have a decent rate of return…
Helpful Gladue sentencing case
R. v. Mikijuk, 2017 NUCJ 02: One of these important cases is called the Queen v. Gladue . It is called that because in Canada all criminal prosecutions are done…
Helpful Gladue sentencing case
R. v. Mikijuk, 2017 NUCJ 02: One of these important cases is called the Queen v. Gladue . It is called that because in Canada all criminal prosecutions are done…
Breach of Undertaking, Recognizance, or Probation
A very common charge is for "breach". That's a short form way of talking about a case where someone is under a court order to do something, or to not…
Breach of Undertaking, Recognizance, or Probation
A very common charge is for "breach". That's a short form way of talking about a case where someone is under a court order to do something, or to not…
Sentence reduced for Charter breach
R. v. Holland 2017 NUCJ 03: (iii). Charter breach Analysis Society needs laws. Society also needs to be able to enforce those laws. We could not live in community without…
Sentence reduced for Charter breach
R. v. Holland 2017 NUCJ 03: (iii). Charter breach Analysis Society needs laws. Society also needs to be able to enforce those laws. We could not live in community without…
Pleading in Defamation
Catalyst Capital Group Inc. v. Veritas Investment Research Corporation, 2017 ONCA 85: An additional dimension to these principles arises in defamation cases because pleadings in such actions have traditionally been…
Pleading in Defamation
Catalyst Capital Group Inc. v. Veritas Investment Research Corporation, 2017 ONCA 85: An additional dimension to these principles arises in defamation cases because pleadings in such actions have traditionally been…
EVERYTHING Before a Trial Judge Should be Marked as an Exhibit for Evidence or Identification
1162740 Ontario Limited v. Pingue, 2017 ONCA 52: In my view, every document or thing put to a witness or to the trial judge as a piece of evidence should…