Intervener or friend of the court
R. v. Kokopenace, 2011 ONCA 498 deals with the distinction between intervention and being a friend of the court, especially in criminal matters. In general adding as a party is not allowed in…
James C Morton
Cyclist fractures pedestrian’s skull, gets $400 fine
The story below certainly suggests the cyclist could have been charged with a criminal offence - perhaps criminal negligence. But the fact remains accidents, sometimes tragic, do happen. And when…
Orphaned polar bear cub, Qannik, arrives at Louisville Zoo
http://bit.ly/n2Gq0k
A conclusion is the place where you get tired of thinking.
Arthur Bloch or Martin Henry Fischer or others -- attributed to many
Direct extrinsic evidence of a testator’s intention in the face of an unambiguous will is inadmissible
Rondel v. Robinson Estate, 2011 ONCA 493 considers, and upholds, the common law position in Canada that direct extrinsic evidence of a testator's intention in the face of an unambiguous will is inadmissible: ...
‘Game changer’ study finds environmental links to autism
Autism rates are increasing for some reason. My sense is the increase is not a selection effect or artifice but something real. These studies, there are two, in the November…
The jury, passing on the prisoner’s life,
May in the sworn twelve have a thief or twoGuiltier than him they try.~William Shakespeare, Measure for Measure
Prosecutor in Casey Anthony case to retire
It's the kind of case you never quite recover from: Bianca Prieto and Anthony Colarossi The Orlando Sentinel ORLANDO, FLA.—Veteran Assistant State Attorney Jeff Ashton ann...
General Rule of Probate applies to validity and not construction
Smith Estate v. Rotstein, 2011 ONCA 491 deals with the General Rule of probate law, which is said to require that all testamentary documents be proven or probated at the…
The greater the ignorance the greater the dogmatism.
Sir William Osler, 1st Baronet (July 12, 1849 – December 29, 1919) said this. Although known mostly now for the hospitals that are named for him, Osler was arguably the…
Delivery of one of several installments of defective goods not necessarily repudiation of entire contract
Cimmaster Inc. v. Piccione Manufacturing Technologies Company), 2011 ONCA 486 deals with one defective delivery of goods. The Court upheld the trial judge's conclusion that the defective delivery was a severable breach giving…
Election of rights
Charter Building Company v. 1540957 Ontario Inc. (Mademoiselle Women's Fitness & Day Spa), 2011 ONCA 487 deals with a party that, following an unfulfilled settlement, sought a default judgment. As seeking default judgment…