Opinion Evidence
R. v. M.C., 2014 ONCA 611: The law of evidence distinguishes between fact and opinion. The distinction seems more and ultimately one of convenience rather than of objective reality. All…
James C Morton
Identification Evidence
R. v. MacDonald, 2014 ONCA 610: The sole issue at this trial was identification and the only evidence linking the appellant to the alleged offences was that of the witness…
A convicted accused cannot sue a former lawyer to show a wrongful conviction
Harris v. Levine, 2014 ONCA 608: Where there has been a finding of guilt that has been undisturbed on appeal, allegations of ineffective representation generally should be made by way…
Civil Summary Judgment
Density Group Limited v. HK Hotels LLC, 2014 ONCA 605: (1) SUMMARY JUDGMENT UNDER HRYNIAK As noted above, the Supreme Court’s decision in Hryniak greatly expands the use of the…
Judges limited to issues properly before them
Iskander v. BMO Nesbitt Burns Inc., 2014 ONCA 582: On his own motion, the application judge determined that there was no basis in law for BMO to withhold tax. He…
Cutest of cute
Bai Yun and Yun Zi – photographer unknown
Contract interpretation a question of mixed fact and law
In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 the Supreme Court has changed a long held view that contractual interpretation raises a question of law. The Court…
Implied term of contract
First Elgin Mills Developments Inc. v. Romandale Farms Limited, 2014 ONCA 573: Fifth, the application judge effectively implied a term where the normal conditions for doing so are not met.…
Amicus not substitute for defence counsel
R. v. Al-Enzi, 2014 ONCA 569: The traditional role of amicus was to assist the court, typically by making submissions on points of law. Only indirectly did the traditional amicus…
Mr Big
R. v. Hart, 2014 SCC 52: The Mr. Big technique is a Canadian invention. Although a version of the technique appears to have been used more than a century ago,…
The purpose of the Indian Act and the intention of Parliament.
Tyendinaga Mohawk Council v. Brant, 2014 ONCA 565: There are two legal principles that underpin the assessment of the purpose of the Indian Act and the intention of Parliament. First,…
Chi non fa, non falla.
Those who do nothing make no mistakes.
Seriousness of charge and 11(b) balancing
R. v. Stilwell, 2014 ONCA 563: Lastly, in my view, while the trial judge did not err in finding some prejudice, she significantly under-emphasized the seriousness of the charges against…
What is reasonable doubt?
A reasonable doubt is not a doubt based on sympathy or prejudice; it is based on reason and common sense. It is logically connected to the evidence or absence of…