Statutes may be considered even if not pleaded
Mason Homes Limited v. Woodford, 2014 ONCA 816: We are of the view that the respondents’ failure to plead the Act was not a bar to its consideration by the…
James C Morton
Privacy rights continue even in information or items lawfully seized by the State
Wakeling v. United States of America, 2014 SCC 72: The highly intrusive nature of electronic surveillance and the statutory limits on the disclosure of its fruits suggest a heightened reasonable…
Good faith in contract
Bhasin v. Hrynew, 2014 SCC 71: Canadian common law in relation to good faith performance of contracts is piecemeal, unsettled and unclear. Two incremental steps are in order to make…
Remoteness of damages in contract
1298417Ontario Ltd. v. Lakeshore (Town), 2014 ONCA 802: In RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., 2008 SCC 54, 3 S.C.R. 79, at paras. 63-64, Abella J. (dissenting…
Dangers of Expert Evidence
R. v. Singh, 2014 ONCA 791: It is important not to lose sight of the scope of a trial judge’s ‘gate-keeping’ function in relation to expert evidence. A ruling in…
REASONABLE APPREHENSION OF BIAS
Hazelton Lanes Inc. v. 1707590 Ontario Limited, 2014 ONCA 793: The test for reasonable apprehension of bias is that set out in de Grandpré J.’s dissenting opinion in Committee for…
Witnesses credibility and inconsistency
R. v. A.M., 2014 ONCA 769: First, every witness, irrespective of age, is an individual whose credibility and evidence should be assessed according to criteria appropriate to his or her…
Reviewing a civil jury verdict
Stilwell v. World Kitchen Inc., 2014 ONCA 770: First, the standard of review of civil jury verdicts is exceptionally high. A civil jury’s verdict should be set aside only where…
Conflict and judicial recusal
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…
The Hearing Clinic v. 866073, 2014 ONSC 5831
“Sincerely believed memories that are innocently incorrect become more problematic for the court than do intentional lies.”
Substitution of conviction for acquittal
R. v. Riesberry, 2014 ONCA 744: Where this court allows a Crown appeal from an acquittal entered by a judge sitting alone, s. 686(4) of the Criminal Code authorizes this…
Elder heating up seal in an Igloo
Of the Law Societies of Upper Canada and Nunavut
Presumption of honesty
Legg v. Simcoe Muskoka Catholic District School Board, 2014 ONCA 745 is a good source for the principle that someone who asserts dishonesty must establish it: The law presumes that…