Informer Privilege
R. v. Lucas, 2014 ONCA 561: Informer privilege protects from revelation in court or in public any information that might tend to identify one who gives information related to criminal…
James C Morton
Demeanour Evidence
R. v. Hubrich, 2004 CanLII 11370: The appellant argued that the admission of post-arrestdemeanour evidence is per seimproper. Mr. Coughlan relied in particular upon R. v. Sodhi (2003), 66 O.R.…
Crown Prosecutor’s Duty
R. v. Hurd, 2014 ONCA 554: Crown prosecutors are advocates who are expected to act rigorously but fairly, persuasively but responsibly. A criminal prosecution takes place within the parameters of…
Police must facilitate access to counsel promptly on detention
R. v. Taylor, 2014 SCC 50: The duty to inform a detained person of his or her right to counsel arises “immediately” upon arrest or detention (Suberu, at paras. 41-42),…
Constructive trusts
306440 Ontario Ltd. v. 782127 Ontario Ltd. (Alrange Container Services), 2014 ONCA 548: In Canada, constructive trusts belong to the law of remedies. If a plaintiff successfully establishes a restitutionary…
Contribution and indemnity or claim in negligence?
Addison & Leyen Ltd v Fraser Milner Casgrain LLP, 2014 ABCA 230: The leading authority on the common law of contribution and indemnity is Birmingham and District Land Co v…
Buying and selling a house
Generally you buy (or sell) a house “as is” so let the buyer beware. The courts have decided that a strict application of this doctrine would be oppressive and unfair…
Statement by Liberal Party of Canada Leader Justin Trudeau on the situation in Israel and Gaza
OTTAWA – The Leader of the Liberal Party of Canada, Justin Trudeau, today issued the following statement on the situation in Israel and Gaza: "The Liberal Party of Canada strongly…
Toronto Handgun Ban?
Olivia Chow promised Monday to seek a ban on pistols and revolvers, insisting the country requires more stringent gun control. Agree or disagree – and most firearms bans, as opposed…
When does a limitation start to run?
Longo v. MacLaren Art Centre, 2014 ONCA 526: The relevant provisions of the Limitations Act, 2002 are as follows: 5. (1) A claim is discovered on the earlier of, (a)…
Child witnesses
R. v. O.M., 2014 ONCA 503: As I have said, the trial judge was alert to the approach to the assessment of children’s evidence mandated by the Supreme Court of…