The NDP will survive
A fair number of commentators have been suggesting (albeit usually sub silento) that Jack Layton is history and the NDP will fade into the mist. Now, I do expect we…
James C Morton
Jury pools and aboriginals
On Friday the Court of Appeal decided to hear arguments about whether the apparent systemic exclusion of aboriginals from juries led to an unfair trial in a specific case. I…
Some say they have no fear of death until the midnight of their dying is at hand. They say different then.
L. Ron Hubbard
Motions to strike for disclosing no cause of action
R. v. Imperial Tobacco Canada Ltd. 2011 SCC 42 was released a few moments ago. It holds the Federal Government cannot be liable in negligence for, put simply, failure to warn…
Is this what normally happens? Prisoner abuse in Ottawa
If this was Damascas we'd expect as much but Ottawa is not the capital of Syria. http://bit.ly/mUcMVi
Is the decision not to serve a notice of alibi an ineffective assistance of counsel?
R. v. Borde, 2011 ONCA 534 deals with whether the intentional failure (that is the decision not) to serve an alibi notice amounts to ineffective assistance of counsel. The Court writes: Failure to…
Carr videos – prisoner abuse?
The most recent prisoner abuse case from Ottawa involves Roxanne Carr. Two clips from the cell block video are available online at http://www.ottawacitizen.com/Click+here+watch+video/5172638/story.html. The first clip shows four police (three…
Maple Leafs seeks injunction over Ryerson plan for Maple Leaf Gardens
This is silly. Maple Leaf Gardens was sold with the name. Absent some express term as to use (and quaere if such a restrictive covenant would be lawful anyway) having…
Liberal veterans vie for party presidency
There are other names floating around also. What's important is the commitment of some really solid people. The complacency that led us to defeat ends. Change is necessary and radical…
Fresh evidence – is due diligence at trial really a prerequisite?
01109718 Saskatchewan Ltd v Agrikalium Potash Corporation, 2011 SKCA 82 deals, among other things, with the test to adduce fresh evidence on appeal. The case suggests that the test is…
Police to enforce ‘move over’ law this long weekend
The slow down and drive with caution is just common sense but a lot of drivers do not know that if the road has more than one lane, motorists are…
Abuse of prisoner in Ottawa police custody
In less than a year four Ottawa criminal cases have ended badly for the prosecution. The four cases have remarkable and disturbing similarities. In each case a cell block video…
Law regarding "gift"
McNamee v. McNamee, 2011 ONCA 533 contains a useful summary of the law on "gift": Although the term "gift" is not defined in the Family Law Act, a gift, generally…