James C Morton
Passing comments may often be viewed as more candid and, therefore, more reliable
Campbell v. MacRae Estate, 2011 NSCA 57 is a sad estates case. The underlying case deals with undue influence and is not exceptional. That said, the Court makes a statement…
Mail strike almost over
The mail will start moving Tuesday or so but lots of people have moved on. I always paid bills by mail -- but now I have moved to payment by…
A sign of global warming: Bermuda-sized ‘ice island’ threatens coast of Newfoundland
http://natpo.st/mh4u1c By Greg Burchell A Bermuda-sized slab of ice from northern Greenland is breaking apart off Labrador, littering the area with icebergs that could pose a threat to offshore oil…
Morton’s Musings 2011-06-26 14:07:00
Experienced civil litigators and those otherwise acquainted with our rules of procedure will readily acknowledge that an action may be without merit even though the Statement of Claim discloses a…
The mind can assert anything and pretend it has proved it.
My beliefs I test on my body, on my intuitional consciousness, and when I get a response there, then I accept.- D. H. Lawrence
Conrad Black back in jail for about a year
More or less what I expected: CHICAGO — Conrad Black is returning to prison for about another year to serve time for fraud and obstruction of justice. The U.S.…
Motion to set aside order should be brought in proceeding where order made
Cunningham v. Moran, 2011 ONCA 476 deals with many issues regarding the intersection of family law and civil litigation. One statement of general importance deals with setting aside an order: ...
Crown entitled to repudiate plea agreement
R. v. Nixon, 2011 SCC 34 seems to hold that the Crown may repudiate a plead agreement. A summary follows: The accused drove her…
When everyone is against you, it means that you are absolutely wrong – or absolutely right
Albert Guinon
Character of employment and Bardal analysis for wrongful dismissal
Di Tomaso v. Crown Metal Packaging Canada LP, 2011 ONCA 469 deals with the character of employment as one of the Bardal factors to consider in determining proper notice in an employment case: ...
Will Conrad Black go back to jail?
My sense is he will go back for a year to eighteen months:http://bit.ly/kybcyR Conrad Black is bracing for a possible return to prison on Friday but says he is prepared…
Adverse or hostile
R. v. Figliola, 2011 ONCA 457 deals with the distinction between an adverse and a hostile witness: The Crown sought an order under s. 9(1) declaring Ms. Pignatelli an adverse witness.&#...
Mitigation does not apply to an action for a fixed debt
Fischer v. Dyck Forages & Grasses Ltd., 2011 MBCA 47 deals with the obligation to mitigate when collecting a contract debt. In general, mitigation does not apply to an action for a…