EVERYTHING Before a Trial Judge Should be Marked as an Exhibit for Evidence or Identification
1162740 Ontario Limited v. Pingue, 2017 ONCA 52: In my view, every document or thing put to a witness or to the trial judge as a piece of evidence should…
James C Morton
Criminal record cannot be used to explain behaviour of accused
R. v. Marini, 2017 ONCA 46 is an interesting example of how not to use a criminal record: Essentially, the trial judge reasoned that, if the appellant were truly innocent…
Criminal record cannot be used to explain behaviour of accused
R. v. Marini, 2017 ONCA 46 is an interesting example of how not to use a criminal record: Essentially, the trial judge reasoned that, if the appellant were truly innocent…
Offence Notice Can Be Varied Before Filing
When a police officer stops a motorist for a minor traffic offence, typically the officer will fill out the relevant information on a form called the "certificate of offence". Underneath…
Offence Notice Can Be Varied Before Filing
When a police officer stops a motorist for a minor traffic offence, typically the officer will fill out the relevant information on a form called the "certificate of offence". Underneath…
Discovery of a Non-Party
Discovery of a Non-Party Discovery of a non-party is fairly common in the Uniter States. So under the U.S. Federal Rules of Civil Procedure, Rule 30: A party may, by…
Discovery of a Non-Party
Discovery of a Non-Party Discovery of a non-party is fairly common in the Uniter States. So under the U.S. Federal Rules of Civil Procedure, Rule 30: A party may, by…
Think before you post!
An employee who tweeted her boss was a racist got fired; that firing was (probably) legally justified. As between an employer and employer there are two central obligations: • trust…
Think before you post!
An employee who tweeted her boss was a racist got fired; that firing was (probably) legally justified. As between an employer and employer there are two central obligations: • trust…
Civil Contempt
Greenberg v. Nowack, 2016 ONCA 949: The test for civil contempt was articulated by the Supreme Court in Carey v. Laiken, 2015 SCC 17, 2 S.C.R. 79, at paras. 33-35:…
Civil Contempt
Greenberg v. Nowack, 2016 ONCA 949: The test for civil contempt was articulated by the Supreme Court in Carey v. Laiken, 2015 SCC 17, 2 S.C.R. 79, at paras. 33-35:…
Rectification in the Supreme Court of Canada
Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56: Rectification is an equitable remedy designed to correct errors in the recording of terms in written legal instruments. It is…
Rectification in the Supreme Court of Canada
Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56: Rectification is an equitable remedy designed to correct errors in the recording of terms in written legal instruments. It is…
Justice of the Peace
Many people think a Justice of the Peace is someone who performs marriages and that performing marriages is the main work of a justice of the peace. This is an…
Justice of the Peace
Many people think a Justice of the Peace is someone who performs marriages and that performing marriages is the main work of a justice of the peace. This is an…
Resist Arrest
No one likes to be arrested. Sometimes people use strong language in response to being arrested. Some people are very rude on being arrested. While imprudent (you should always be…
Resist Arrest
No one likes to be arrested. Sometimes people use strong language in response to being arrested. Some people are very rude on being arrested. While imprudent (you should always be…
Litigation Privilege – the SCC speaks
Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52: Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose…
Litigation Privilege – the SCC speaks
Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52: Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose…
Sentence Appeals
It’s the end of a criminal trial and you have been convicted. The judge gave a sentence and you don’t think it’s fair. Can you appeal and get a different…