Banking is a federal matter. Accordingly one might think that banks should be subject to federal regulation so all Canadians deal with banks on the same basis. That thinking would,…
Mauldin v. Cassels Brock & Blackwell LLP, 2014 ONCA 641: Hryniak submits that McCarthys has a charge on the funds held in court pursuant to s. 34(1) of the Solicitor’s…
Rankin Construction Inc. v. Ontario, 2014 ONCA 636: Terms may be implied in a contract based on: (1) custom or usage; (2) legal incidents of a class or type of…
The rule against perpetuities says: Any valid interest must vest not later than twenty-one years after the death of some life in being at the creation of the interest. For…
The Rule in Hodge’s Case (1838), 168 E.R. 1135 is generally taken to say: “In a case made up entirely of circumstantial evidence, before the accused could be found guilty,…
R v DeJeage: 2014 NUCJ 21 (i). The Defendant's motivation to lie In arriving at a decision on the credibility and reliability of the evidence of the Defendant, the Crown…
R. v. Safarzadeh-Markhali, 2014 ONCA 627: The words “the reason for detaining the person in custody was stated in the record under subsection 515(9.1) or” in s. 719(3.1) of the…
Polar Supplies v Cape Dorset 2013 NUCA 11: There appears to be some confusion here about the proper role of an interlocutory injunction. Such an injunction is designed to hold…
It is seeming plausible. And if a sensible country like Scotland leaves an astonishingly productive and prosperous union after hundreds of years what does that say for Canada? Quebec isn’t…
Front page of the Nunatsiaq News – will it make it to the Globe and Mail?
R. v. Batty, 2014 ONCA 620: While this court cannot “revisit factual findings or correct errors of mixed fact and law” (R. v. R.R., 2008 ONCA 497, 234 C.C.C. (3d)…
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Normally a sentencing judge`s decision is entitled to considerable deference however, if the sentencing judge does not expressly reference a relevant sentencing principle at deference may be lost – see…
R. v. Tyrell, 2014 ONCA 617: Proof of knowledge, or of its close cousin, wilful blindness, demands a subjective inquiry. The question is “what did the accused know” and not…
Fernandes v. Penncorp Life Insurance Company, 2014 ONCA 615: In Fidler, at paras. 51-53, the Supreme Court observed that the jurisprudence speaks of two different types of aggravated damages. The…
