James C Morton
Ex Parte trial fairness
R. v. Irving, O.J. No. 1789: 14 The test for determining whether a trial justice’s interventions have compromised the appearance of fairness is an objective one. It is whether a…
Nunavut’s Liquor Restriction Systems, Bootlegging and Substance Abuse
The Liquor Act (Nunavut) provides Nunavummiut with a ranked liquor restriction structure based on four systems, ranging from general access alcohol to total exclusion. Communities choose their system by local…
A frolic of his own
Battistoni v. Thomas, S.C.R. 144: On the other hand, if the unauthorized and wrongful act of the servant is not so connected with the authorized act as to be a…
Murder and manslaughter; what’s the difference?
Homicide is when someone kills another human being. Sometimes homicide is not criminal – it can be an accident without fault or a legally justified killing. Canadian law distinguishes between…
Ability of students to sue University because on strike limited
Turner v. York University, 2011 ONSC 6151: In Gauthier, the court held that there is no broad rule against jurisdiction. The compensation claimed defines the jurisdiction. A party seeking to…
Cooperative federalism does not limit otherwise proper governmental actions
Quebec (Attorney General) v.Canada (Attorney General), 2015 SCC 14: The principle of cooperative federalism, therefore, cannot be seen as imposing limits on the otherwise valid exercise of legislative competence: Reference…
Court unable to set time to pay victim fine surcharge unless Regulation absent
R. v. J.Q., 2015 NUCJ 09: This case was before me during the Court’s sitting in Pangnirtung. In the course of that sitting, several accused asked me to grant them…
Failure to put election to accused a jurisdictional failure
R. v. Shia, 2015 ONCA 190: In Varcoe, this court considered whether s. 686(1)(b)(iv) could save a harmless failure to put an accused to his election under s. 536(2) of…
A secular state respects religious differences, it does not seek to extinguish them
Loyola High School v. Quebec (Attorney General), 2015 SCC 12: The context before us — state regulation of religious schools — poses the question of how to balance robust protection…
Consent to physical force in sports
Leighton v. Best, 2015 ONCA 180: Physical contact is inherent in some sports, such as hockey. Players can be taken to consent to a certain level of contact and to…
In chambers discussions without accused improper unless dealing with trivialities
R. v. Poulos, 2015 ONCA 182: On the facts of this case, the appellant was denied his right to “be present in court during the whole of his… trial”. The…
Constructive dismissal
Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10: The test for constructive dismissal has two branches. The court must first identify an express or implied contract term…
Third Party Suspect Rule
R. v. Grant, 2015 SCC 9: Defence‑led evidence is admissible where (1) the evidence is relevant to a fact in issue, and (2) the probative value of the evidence is…
Use of comprehensive document briefs in civil trials
Blake v. Dominion of Canada General Insurance Company, 2015 ONCA 165: Parties frequently use comprehensive document briefs in civil trials. As this court stated in Iannarella v. Corbett: It is…