James C Morton
Striking a pleading for failure to comply with interim order
Koohestani v. Mahmood, 2015 ONCA 56: Notwithstanding the legitimate concerns raised before Spence J., my difficulty with his decision to strike the appellants’ defence is that he failed to apply…
In Nunavut civil matters cross examination may occur before affidavits served
Marion v KIA 2015 NUCJ 6: The plaintiff urges the Court to impose a general rule that all affidavits must be filed prior to cross-examinations and seeks to place the…
CAN THE POLICE OBTAIN YOUR INTERNET SUBSCRIBER INFORMATION WITHOUT A WARRANT? Yes they can!
Although it is a search which is not lawfully authorized that constitutes an unreasonable search that violates your privacy interests, the information obtained as a result of the search will…
Use of rejected alibi to show guilt
R v Avalak, 2015 NUCJ 04: The Crown asks that I go further and find that the accused fabricated an alibi and that such a fabrication should be taken as…
Failure to consider immigration consequences of sentence an error in principle
R. v. N. F., 2015 ONCA 51: The failure to consider the specific immigration consequences of a carceral sentence of six months or more was an error in principle disentitling…
Pole dancing?
Of the Law Societies of Upper Canada and Nunavut
Crown appeal from acquittal
R. v. K.C., 2015 ONCA 39: On a Crown appeal from acquittal, the Crown must demonstrate first, an error in law and second, that the error was sufficiently significant to…
Snow day
Of the Law Societies of Upper Canada and Nunavut
Consecutive and concurrent sentences
Cumulative punishments are known as consecutive sentences. This only applies to jail sentences, all other sentences run concurrently. All sentences are presumed to be served concurrently. The Code provides for…
Right to silence
R. v. W.L., 2015 ONCA 37: Certain principles that govern the right of an accused to remain silent post-arrest are in play in this appeal. Deeply embedded in our law…
Vacating a guilty plea
R v Shaw, 2015 ABCA 25: A guilty plea constitutes both a formal admission of the elements of the offence as well as a waiver of the procedural requirements and…
Conflict of Interest
Conflict of interest remains a challenging area for judicial officers. The recent Newfoundland and Labrador decision in Cabana v. Newfoundland and Labrador,2014 NLCA 34 suggests that disqualifying conflict may not…
Indefinite support usually proper for cohabiting parties over 65
Djekic v. Zai, 2015 ONCA 25: The Spousal Support Advisory Guidelines suggest that where the recipient’s age plus the duration of the relationship are greater that 65 – as is…
Charging orders available only where solicitor’s work leads to funds recovered
Karrys v. Karrys, 2015 ONCA 17: Counsel submits that on a proper analysis all the settlement proceeds should be found to be inextricably intertwined with the legal work the solicitors…
In general costs below follow costs on appeal
Bell (Re), 2015 ONCA 19: The appellant has succeeded in this court and accordingly should be entitled to its costs throughout. The settlement offer referenced by the respondent in its…
RCMP Negotiating Regime unconstitutional — Mounties can unionize
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14577/index.do