When one admits that nothing is certain one must, I think, also admit that some things are much more nearly certain than others.
Bertrand Russell
James C Morton
Misapprehensions of evidence
R. v. Fournel, 2014 ONCA 305: The first two grounds of appeal relate to purported misapprehensions of evidence made the trial judge. The standard for setting aside a trial judgment…
Causing a disturbance
R. v. Kukemueller, 2014 ONCA 295: The Criminal Code, s. 175(1)(a) provides that everyone commits an offence who “not being in a dwelling-house, causes a disturbance in or near a…
Herb Gray, former MP and deputy prime minister, dies at 82
Long-serving Ontario MP died in an Ottawa hospital Monday, Liberal Party says It is sad – I remembering meeting Herb Gray in Halifax a lifetime ago. He was a quietly…
Why does Easter move around in the calendar?
Easter and Christmas are both very important Christian holidays, but while families always gather on Dec. 25 in the winter, the annual spring celebration changes drastically each year on our…
Standard for interpretation
R v Moo, 2014 ONCJ 127 holds an interpreter need not be perfect to meet the requisite constitutional competence. "What is required ultimately is that the information held by the…
Endorsement of Court of Appeal of limited precedential value
R. v. Singh, 2014 ONCA 293: While all decisions of this court are binding, care must be taken to avoid reading unwarranted jurisprudential principles into a decision of the court…
There once was a time when everyday folk spoke one language, and learned men wrote another. It was called the Dark Ages.
Samuel T. Williamson
Annulment for lack of consummation
Annulment is a rare proceeding in modern Canadian law. That said, it is available and proof of non-consummation does not require independent evidence. So the Ontario Court of Appeal set…
Landmark ruling on rights of Métis upheld
Story The Federal Court of Appeal has upheld a ruling from last year that said Ottawa is constitutionally responsible for the 400,000 Métis in Canada as a distinct aboriginal group,…
Preferring the evidence of a police witness as having extra credibility is not proper
Laver v. Swrjeski, 2014 ONCA 294 deals with reasonable apprehension of bias. Preferring the evidence of a police witness as having extra credibility is not proper: Issue 1: Did certain…
Unreasonable Verdict
R v PRL, 2014 SKCA 38: The standard of review is set out in R. v. Yebes, 1987 CanLII 17 (SCC), 2 S.C.R. 168: “The Court must determine on the…
Muppet Fact
Most Muppets are left-handed. The reason for this is that most puppeteers are right-handed and operate the Muppet’s head with their favoured hand, leaving the left one to control the…
Haunted House Case properly decided by summary judgment
1784773 Ontario Inc. v. K-W Labour Association Inc., 2014 ONCA 288: Counsel acknowledge that there is no direct evidence of economic loss or damage as a result of the stigma…