JERUSALEM (from ‘Milton’): William Blake (1757-1827)
ND did those feet in ancient time Walk upon England’s mountains green? And was the holy Lamb of God On England’s pleasant pastures seen? And did the Countenance Divine Shine…
James C Morton
Third Party Beneficiary of Contractual Rights
Sanofi Pasteur Limited v. UPS SCS, Inc., 2015 ONCA 88: The Supreme Court has adopted a principled approach to when the doctrine of privity of contract – under which a…
Prosecuting and defending historic cases
R v Takawgak 2015 NUCJ 07: Delay This Court in R v DeJaeger, 2014 NUCJ 21, NuJ No 22 (QL), spoke at length of the difficulties in prosecuting, defending, and…
An injunction will be granted to protect a leasehold interest even if damages could suffice
In a decision that seems contrary to specific performance precedent the Ontario Court of Appeal has held an injunction will protect a leasehold interest even where damages would otherwise be…
Defence counsel may not assist in a guilty plea where the accused denies guilt (but wants to plead guilty anyway)
Even where someone denies guilt there may be practical reasons where they want to plead guilty. For example, the likely sentence is not significant and the accused did not get…
Assisted suicide
A unanimous Supreme Court today struck down the Criminal Code provision against aiding and abetting someone to commit suicide. The Court said the provision deprives people suffering from grievous and…
Blizzard for Iqaluit
Blizzard conditions with gusty winds and visibility frequently near zero in snow and blowing snow are expected or occurring. Blizzard starting early this afternoon in Iqaluit and ending after midnight.…
Assisted Suicide Allowed by SCC
Carter v. Canada (Attorney General), 2015 SCC 5 Section 241 (b) of the Criminal Code says that everyone who aids or abets a person in committing suicide commits an indictable…
Failure to cross examine promptly may bar adjournment request
Vista Bahia LP v. Cleaver Crawford LLP, 2015 ONCA 77: The record confirms that the date of the application – July 24, 2014 – was fixed at Heritage’s request to…
Reasons for sentence in DeJaeger (Part only)
Erik DeJaeger was posted to Igloolik to do God’s work. He was trained as an Oblate missionary. He was an ordained priest of the Roman Catholic Church. The parishioners of…
Investigating and defending a claim does not amount to breach of privacy
Baines v. Sigurdson Courtlander Burns and Silverstone Barristers & Solicitors, 2015 ONCA 80: The appellant was the unsuccessful plaintiff in an action arising from a motor vehicle accident. She subsequently…
Justices of the Peace – damned if you do and damned if you don’t
Justices of the Peace are sometimes criticized in the media for agreeing to terms of release that seem too slack – see for example http://www.nationalpost.com/m/wp/blog.html?b=news.nationalpost.com/2015/01/21/christie-blatchford-man-who-shot-and-killed-rcmp-officer-breezed-out-of-one-of-the-sloppiest-bail-hearings-imaginable . The problem is Justices…
Joint submissions entitled to careful consideration and not to be rejected unless unfit or unreasonable
R v Gibson, 2015 ABCA 4: The sentencing judge remained unconvinced, being of the view that Gibson’s driving was far more dangerous and blameworthy than that in the case law…
Not Criminally Responsible and Moral Wrongfulness
R. v. Campione, 2015 ONCA 67 Section 16(1) of the Criminal Code states: No person is criminally responsible for an act committed or an omission made while suffering from a…
Panda Monium
Of the Law Societies of Upper Canada and Nunavut
Disclosure produced in professional discipline producible despite Wagg
One might think P.(D.) v. Wagg, 2002 CanLII 23611 placed limits on production of disclosure in discipline matters. That would be wrong. Philip Services Corp. v. Deloitte & Touche, 2015…