Breakfast time
Of the Law Societies of Upper Canada and Nunavut
James C Morton
Inconsistent Verdicts
R. v. Catton, 2015 ONCA 13: Inconsistent verdicts are a subspecies of unreasonable verdicts: R. v. Pittiman, 1 S.C.R. 381 at para. 6. If a trier of fact returns a…
Dangerous testimony
R. v. Pal-Deng, 2015 ONCJ 2 : Finally, I feel compelled to note that absent the CCTV evidence the result may have been tragically different. The complainant is a sympathetic…
Principles Governing the Admissibility of Expert Evidence
Meady v. Greyhound Canada Transportation Corp., 2015 ONCA 6: In considering the admissibility of the expert evidence, the trial judge correctly identified the test in R. v. Mohan, 2 S.C.R.…
Even where delay minor a motion to extend time must show merits
1250264Ontario Inc. v. Pet Valu Canada Inc., 2015 ONCA 57: Here, the delay is short, an explanation has been provided for the delay, and there is no prejudice to Pet…
Joint custody the presumption
Szakacs v. Clarke, 2014 ONSC 7487: In the eyes of friends, family, school officials and the community in general, an access parent is viewed as inferior to a custodial parent.…
Defence of Absolute Privilege not extended to Municipal Councillors
Gutowski v. Clayton, 2014 ONCA 921: Nothing in this record supports an extension of absolute privilege to municipal councillors, in my opinion. In this regard, I do not accept the…
A memory of Eddie Greenspan
I remember watching Edward Greenspan QC conducting a cross examination. He was scattered confused and the examination made no sense. And it was so obvious to everyone except the lawyer…
Passing of Edward Greenspan QC
The criminal defence bar lost a true leader last night. Edward Greenspan has passed away. He was a giant.
Long term detention under Mental Health Act struck down
P.S. v. Ontario, 2014 ONCA 900: For the following reasons, I conclude that the provisions of the MHA dealing with involuntary committal violate s. 7 of the Charter by allowing…
So much for substantial compliance
Canadian courts usually now waive technicalities and focus on substantive rights. But not always. In High Tower Homes Corporation v. Stevens, 2014 ONCA 911 the Court insisted that a failure…
Standard of review on appeal of admissibility of hearsay
R. v. Mullings, 2014 ONCA 895: The standard of review on an appeal of a ruling on the admissibility of hearsay evidence is correctness: R. v. Duong, 2007 ONCA 68,…
Searches of cell phones on arrest; some might suggest a warrant was appropriate
R. v. Fearon, 2014 SCC 77: Consequently, four conditions must be met in order for the search of a cell phone or similar device incidental to arrest to comply with…
Steiff Bernie Husky
Of the Law Societies of Upper Canada and Nunavut
The per incuriam exception to stare decisis
Royal Bank of Canada v. Trang, 2014 ONCA 883 Strictly applied, the principle of stare decisis – “stand by things decided” – means we ought to follow Citi Cards even…
Contractual interpretation and headings
Neely v. MacDonald, 2014 ONCA 874: The headings contained in a contract are part of the language chosen by the parties and can properly be considered in interpreting the provisions…
Doubling of native women in prison is a blight: Editorial
Justice department study shows 97 per cent increase in jailed aboriginal women over the past decade Correctional Investigator of Canada Howard Sapers has repeatedly highlighted the stark overerepresentation of native…