General Principles of Insurance Policy Interpretation
Simpson Wigle Law LLP v. Lawyers’ Professional Indemnity Company, 2014 ONCA 492: As the application judge noted at para. 21 of his reasons, the Supreme Court of Canada recently reiterated…
James C Morton
Canadians residing abroad can vote – Court of Appeal reasons
Frank v. Canada (Attorney General), 2014 ONCA 485: The Attorney General’s stay motion I note that Elections Canada was not served with this motion. In my view, it should have…
Injunctive relief
Renfrew Insurance Ltd. v Cortese, 2014 ABCA 203: The test for an interlocutory injunction is well established and not in dispute. It has three components (RJR McDonald Inc v Canada…
Sense of humour in Court of Appeal
R. v. Pelech, A.J. No. 430: The Jeep was brought to a stop. Immediately, the respondent emerged from the driver’s seat of the Jeep and approached the police car declaring:…
Do Charter rights engage when a non-State actor detains someone?
In R. v. Lerke (1986), 67 A.R. 390 (Alta. C.A.) the Alberta Court of Appeal found that a tavern manager who arrested an accused person was acting as an agent…
Lack of reasons a ground for appeal
Blundell v. Milmine, 2014 ONCA 480: It will be apparent from the foregoing that the absence of reasons makes it not possible for this court to determine why the orders…
Generally, a party to a civil action cannot appeal on the basis of some aspect of trial procedure to which it did not object
Harris v. Leikin Group Inc., 2014 ONCA 479: As a general rule, a party to a civil action cannot appeal on the basis of some aspect of trial procedure to…
Sitting in the driver’s seat of a truly inoperable motor vehicle cannot lead to a conviction for care and control
R v. Lu, O.J. No. 836 holds that: 30 Reading the case law, it would appear that many judges obscure the distinction, but I am of the view that sitting…
Some Tories pushing to dump Tim Hudak immediately
Story Probably a mistake — Hudak did lose an election he should have won (and he did that twice) but there is no election coming for some time. Dumping him…
The recent appointment of a Federal Court Judge to the Quebec Court of Appeal may well be invalid
Rocco Galati is challenging the nomination of Justice Robert Mainville of the Federal Court to the Quebec Court of Appeal, as announced Friday by Justice Minister Peter MacKay. Rocco may…
Staying a Law Society Discipline Matter for Inordinate Delay in Proceeding
The Hearing Panel in Law Society of Upper Canada v. Davies Bagambiire 2012 ONLSHP0122 summarized the test for a stay for inordinate delay in proceeding as follows: In considering the…
Happy Fathers’ Day
After females lay a single precious egg, Emperor penguin fathers take over the responsibility of incubating it by balancing it precariously on their feet and keeping it warm under their…
STATEMENT BY SANDRA YEUNG RACCO
I would first like to begin by thanking the voters of Thornhill for their commitment to democracy in Ontario. You voted for a provincial representative that you trusted and that…