James C Morton
Absent urgency police need judicial authorization to get IP address
R. v. Spencer, 2014 SCC 43: Whether there is a reasonable expectation of privacy in the totality of the circumstances is assessed by considering and weighing a large number of…
Standard of review of administrative tribunal
Canadian Artists’ Representation v. National Gallery of Canada, 2014 SCC 42: Reasonableness is the presumptive standard of review when a tribunal is interpreting its home statute or a statute closely…
Ontario Election – the dangers of overselling
Advocates learn early that it makes sense to underplay their case. Clients don’t like that – they tend to want their lawyer to take an extreme position – but the…
Error and effect of submissions of counsel
R. v. Kostyk, 2014 ONCA 447: In R. v. Polimac, 2010 ONCA 346, 254 C.C.C. (3d) 359, at para. 97, leave to appeal refused, S.C.C.A. No. 263, Doherty J.A. re-affirmed…
Obstruct Justice
R. v. Lohidici, 2005 ABPC 171: On the meaning of “obstruct”, the Criminal Code does not assist us. As is the case for many of the Code’s other terms, no…
Partial summary judgment not appropriate where complex interrelated matters exist
Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450: Karakatsanis J. noted, at para. 60: The “interest of justice” inquiry goes further, and also considers the consequences of the motion in…
Criminalizing Strip Clubs? Probably
The Conservative government has brought in new legislation, the “Protection of Communities and Exploited Persons Act”, that criminalizes the buying of sex. This legislation is in response to the Supreme…
Strip Clubs Criminalized By New Prostitution Legislation? Could well be
"Whereas the Parliament of Canada recognizes the social harm caused by the objectification of the human body and the commodification of sexual activity" This is part of the preamble to…
Prosecutorial discretion
R. v. Anderson, 2014 SCC 41: This Court has repeatedly affirmed that prosecutorial discretion is a necessary part of a properly functioning criminal justice system: Beare, , at p. 410;…
11(b) analysis
R. v. Florence, 2014 ONCA 443: In Morin, the Supreme Court of Canada set out the factors a court must consider when assessing the reasonableness of delay for purposes of…
RMP in DNA testing
RMP is the probability that an individual randomly selected from a larger population would have the same DNA profile. This means a DNA match is relevant ONLY where the appropriate…
Euthanasia Law Approved in Quebec
"It is also unclear how Ottawa will react to Quebec's initiative. Euthanasia is considered homicide under the Criminal Code, which is federal law, but Quebec has said its attorney general…
D-Day Plus Seventy Years
Canadian soldiers landing at Juno on the outskirts of Bernières
An armed robber may rely on self defence against a home owner?
R. v. Mohamed, 2014 ONCA 442 seems to hold an intruder may rely on self defence against a homeowner. Some might find such ruling odd. The Court holds: I understand…
Loser-Pays Costs Regime in Estate Litigation
Feinstein v. Freedman, 2014 ONCA 446: The loser-pays regime generally applies to estate litigation, such that successful parties are entitled to have their reasonable costs paid by the unsuccessful parties…