James C Morton
Qualified privilege
Merit Consultants International Ltd. v. Chandler, 2014 BCCA 121: Qualified privilege, however, is not limited to the contents of documents filed in judicial or quasi-judicial proceedings. As Brown writes (supra,…
The King’s Breakfast BY A. A. MILNE
The King asked The Queen, and The Queen asked The Dairymaid: “Could we have some butter for The Royal slice of bread?” The Queen asked The Dairymaid, The Dairymaid Said,…
Judicial independence for justices of the peace
The Justices of the Peace Review Council in re EM released a decision this evening saying: 26. Judicial independence for justices of the peace was considered in the Supreme Court…
Supreme Court restores pre-trial credit for offenders; yet another SCC decision against recent Government initiatives
R. v. Summers, 2014 SCC 26: The Truth in Sentencing Act, passed in 2009, changed the statutory regime governing credit for pre‑sentence detention. Parliament modified s. 719(3) of the Criminal…
Passing of Jim Flaherty
I knew Jim Flaherty personally and was deeply saddened at his sudden passing. As a lawyer Jim was top notch and had the broad respect of the Bench and Bar.…
Costs for self represented parties and lawyers acting in person
Pirani v. Esmail, 2014 ONCA 279 In my view the appropriate amount of costs lies somewhere between the submissions of the two parties. As explained by this court in Fong…
What is hearsay?
R. v. Badgerow, 2014 ONCA 272: Although a universal definition of hearsay is elusive, hearsay is often identified by its characteristics: (a) it is adduced for the truth of its…
"Victim" is not an appropriate useage prior to a finding of guilt
R. v. J.V., O.J. No. 1027 (Hill J): 79 Senior Crown counsel, Mr. Carruthers, agreed that the use of the word “victim” in the prosecutor’s recitation of the facts relating…
Intoxication relevant in arson
R. v. Tatton, 2014 ONCA 273: If a fire results after a person does something while intoxicated, it would not necessarily follow that the person intended to set fire to…
Smile!
A bear in Germany
Summary judgment rule in child protection matter
DCFS v A.S. & D.P. 2014 NUCJ 13: Rules 174-184 are the Rules that deal with summary judgment. Although the rules have not been applied in Nunavut to a child…
Non-suit in a Simplified Procedure trial
Sharafbayani v. Jackson Roofing Corporation, 2014 ONCA 271 refers to the process for non-suit in a Simplified Procedure case. While not expressly approving the trial judge’s approach the Court does…
Common law peace bonds
R. v. Siemens, 2012 ABPC 116: What is the test for ordering a person to enter into a recognizance to keep the peace at common law? Grounds for such an…
Laying a private information
Ambrosi v. British Columbia (Attorney General), 2014 BCCA 123 : There are two stages to commencing a prosecution under the Criminal Code. The first is laying an information and the…