A Liberal win
As I write it is not clear whether a Liberal majority or minority. Clearly this was more a PC loss that a Liberal win. We more or less just kept…
James C Morton
Only where reasonable doubt is tainted by a legal error is appellate intervention on acquittal permitted
R. v. J.M.H. 2011 SCC 45 deals with the scope of legal error allowing appellate review of an acquittal. The Court held even flawed reasoning does not always lead to an…
Election Day in Ontario
Make sure to vote. Regardless of who you support. I am a Liberal and say the Liberals deserve your vote but if you've read the platforms and think another Party…
Trials of the Century
"There are very few trials that are of any interest at all outside the legal community," Morton said. "The things that lawyers would think of as the 'trials of the…
What is a criminal proceeding?
Canadian Broadcasting Corporation v. Ontario, 2011 ONCA 624 decides that for a matter to be 'criminal' so as to fall under criminal procedure there must be some ongoing criminal matter before the Court.…
‘But for’ remains test for causation
Donley Investments Limited v. Canril Corporation, 2011 ONCA 625 is a good source for the (uncontentious) point that the test for causation is 'but for': 3. Faulty causation analysis  ...
Drabinsky seeks bail, intends to appeal fraud conviction at Supreme Court
Hardly a surprise; will he get bail? My sense is likely yes -- he's hardly a flight risk:Former theatre mogul Garth Drabinsky is once again applying for bail and has…
Putting statements to a defendant in cross-examination may amount to improper splitting of a case
R. v. Khan, 2011 BCCA 382 is an important decision from the British Columbia Court of Appeal. It deals with Oath Helping, Vetrovec and something akin to the rule in…
Get out and vote! Every vote counts!
The PCs have an advantage in that they tend to have more motivated voters. We cannot afford to be complacent -- every vote counts! (And if you are PC, well,…
McGuinty set for ‘historic three-peat majority’ in Ontario, poll suggests
Maybe. I hope this is true but I am far from convinced Conservative support is so low; and I still think the NDP may siphon off votes. It's not over…
Standard of review from NAFTA tribunals is correctness
Mexico v. Cargill, Incorporated, 2011 ONCA 622 deals with the standard of review from a NAFTA trade tribunal. The Court, after lengthy review, holds the standard is correctness: I con...
Generally counsel must request a “Gladue report”
R. v. Oakoak, 2011 NUCA 4, a recent decision of the Nunavut Court of Appeal, emphasizes that counsel have a duty to ensure that all sentencing information is before the…
A judge’s discretion regarding support awards is typically given considerable deference and not overturned on appeal "unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or the award is clearly wrong"
Khurana v. Khurana, 2011 ABCA 261 deals with appeals from support awards. The Court emphasizes the deference to be paid to the judge of first instance saying: Standard of Review…
Occupy Wall Street ‘zombies’ keep protest alive
Yesterday 'protesters' pushed alarms all over the TTC; the result? Were rich corporate fat cats delayed? No - they don't take the TTC. The people delayed for work, the people…