Condominium title held in trust for purchaser
Simcoe Vacant Land Condominium Corporation No. 272 v. Blue Shores Developments Ltd., 2015 ONCA 378: (ii) The principles of real estate law give rise to an equitable interest The common…
James C Morton
Difference Between “Discreet” and “Discrete”
The difference is significant and when confused can lead to hilarious results — “I am very discrete” suggests “I am quite alienated” as opposed to “I can be trusted with…
Specific performance
UBS Securities Canada, Inc. v. Sands Brothers Canada, Ltd., 2009 ONCA 328 provides a nice summary of when specific performance is available: There is no dispute about the applicable legal…
Oppression Remedy and Derivative Actions
Rea v. Wildeboer, 2015 ONCA 373: I accept that the derivative action and the oppression remedy are not mutually exclusive. Cases like Malata and Jabalee make it clear that there…
“Investigative” or “Investigatory” Receiverships
Akagi v. Synergy Group (2000) Inc., 2015 ONCA 368 The idea of appointing a receiver or monitor with investigative powers – and sometimes, with only those powers – has emerged…
Raven
Of the Law Societies of Upper Canada and Nunavut
No Aboriginals on Jury Roll? No Problem!
R. v.Kokopenace, 2015 SCC 28: The accused, an Aboriginal man from a First Nation reserve, was charged with second degree murder and convicted of manslaughter after a trial by judge…
Constructive dismissal
Kucera v Qulliq Energy Corporation, 2015 NUCA 2: To find that an employee has been constructively dismissed the court must find unilateral changes in the employee’s circumstances that substantially altered…
Bail granted less freely
R. v. St-Cloud, 2015 SCC 27 today rewrote the law on bail. Some might say the decision is a move to limit strongly the Charter right to bail. First, it…
Extending time to appeal
The Canada Trust Company v. Potomski, 2015 ONCA 324: In determining whether to grant leave to extend the time to perfect an appeal, it is useful to consider the test…
Immigration Consequences of Sentence Proper to Consider
R. v. Nassri, 2015 ONCA 316 The appellant does not argue that the sentence imposed by the trial judge was unfit. He does submit that when the drastic and unforeseen…
Costs against the Crown
R. v. Munkonda, 2015 ONCA 309: Historically, it was very rare for court costs to be awarded against the Crown in criminal cases, and such awards were used to call…
Common Employer
Downtown Eatery (1993) Ltd. v. Ontario (2001), 54 O.R. (3d) 161 (C.A.) held: “although an employer is entitled to establish complex corporate structures and relationships, the law should be vigilant…
Crown disclosure obligations
Henry v.British Columbia (Attorney General), 2015 SCC 24: Disclosure is one of the Crown’s fundamental obligations in a criminal prosecution. The Crown is duty-bound to disclose relevant information to the…
Expert Evidence Admission ReWritten
White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23 released this week largely rewrites the law on admissibility of expert evidence. The Mohan test is replaced by…
Interpreting a Regulation
Erickson & Partners v. Ontario (Health and Long-Term Care), 2015 ONCA 285: Starting, then, from first principles, the interpretation of s. 39(6) of the Regulation requires the court to read…