James C Morton
Habeas Corpus
Boone v. Ontario (Community Safety andCorrectional Services), 2014 ONCA 515: To be successful, an applicant for habeas corpus must show (a) a deprivation of liberty and (b) that the deprivation…
Reasonable apprehension of bias
Langstaff v. Marson, 2014 ONCA 510: There is a strong presumption of judicial impartiality and a heavy burden on a party who seeks to rebut this presumption. Judicial impartiality has…
Refusal to dismiss or stay action for lack of jurisdiction is a final order
Hopkins v. Kay, 2014 ONCA 514: In my view, the refusal to dismiss or stay the action based on lack of jurisdiction was a final order. See Manos Foods International…
Happy Canada Day
O Canada, I have not forgotten you, and as I kneel in my canoe, beholding this vision of a bookcase, I pray that I remain in your vast, polar, North…
Sexual purpose or intent not necessary element of sexual assault
R. v. Johnstone, 2014 ONCA 504: I do not view the trial judge’s failure to give such a specific direction as constituting an error. The trial judge properly instructed the…
Release of guarantor by material alteration of underlying loan
Turfpro Investments Inc. v. Heinrichs, 2014 ONCA 502: A guarantor will be released from liability where the creditor and the principal debtor agree to a material alteration of the loan…
Justice is a terrible thing but injustice is worse
Peter Wimsey
Real and substantial connection and Canadian common market
Trillium Motor World Ltd. v. General Motors of Canada Limited, 2014 ONCA 497: In Morguard Investments Ltd. v. De Savoye, 3 S.C.R. 1077, La Forest J., noted, at p. 1108,…
Indictable, summary or hybrid
R. v. D.M.E., 2014 ONCA 496: The Categories of Offences It is well-known that the Criminal Code contains offences that are i. indictable; ii. summary conviction; iii. indictable or summary…
Aboriginal title confers on the group that holds it the exclusive right to decide how the land is used and the right to benefit from those uses
Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 is an extraordinarily important decision. Critically it gives aboriginal groups the exclusive power to decide on the use of lands forever. The…
This dog won’t hunt; Peter MacKay says controversial Mother’s and Father’s Day emails written by female staffer
I've dealt with plenty of staffers over the years. I've even had them write speeches, brochures and policy briefs for me. BUT I am the name signing and if I…