Traditional Inuit Clothing
Traditional Inuit clothing consisted of a parka, pants and mittens made from caribou or sealskin (worn in one or two layers according to the season), and up to four layers…
James C Morton
Arguing a lawyers bill is reasonable when seeking costs does not bar a later assessment of that account as unreasonable
Ghaeinizadeh v. Bennett Jones LLP, 2014 ONCA 267 is yet another case showing lawyers ought not to argue an assessment is unavailable – generally speaking the client can always assess:…
Victims Bill of Rights
I have read Bill C-32 and there is really nothing very new in it. Most of what it suggests – keeping complainants apprised of how a case is going, taking…
Removal and appointment of estate trustees
Di Michele v. Di Michele, 2014 ONCA 261: The court will remove an estate trustee only if doing so is clearly necessary to ensure the proper management of the trust:…
Relief from forfeiture under insurance policy
Lavoie v. T.A. McGill Mortgage Services Inc., 2014 ONCA 257 holds that relief from forfeiture may be available where an insurance contract is imperfectly complied with but not where a…
Inferences at preliminary inquiry
R. v. Cavanagh, 2014 ONCA 251 This was not a case of failing to consider relevant evidence, but merely a question of assessing the reasonableness of the inferences to be…
Someone found NCR (not guilty by reason of insanity) is not guilty of a criminal offence and should not be treated as guilty
Kachkar (Re), 2014 ONCA 250 reminds us of the distinction between NCR and guilt. Quaere whether this suggests government changes to make NCR more onerous will meet with the Constitution…
Bear – Noah Parr
I met Noah Parr last year in Cape Dorset — his grandson shows promise as a carver.
Legislative exclusion
Surdivall v. Ontario (Disability Support Program), 2014 ONCA 240: “egislative exclusion can be implied when an express reference is expected but absent”: see University Health Network v. Ontario (Minister of…
Good summary of enhanced parole ineligibility on second degree murder
R v Kayaitok 2014 NUCJ 11; the decision is not reported yet but I have a copy for anyone who needs it.
When ‘God’ and ‘Satan’ battled in a barren land; the Belcher Islands Murders
It is the one of the most compelling crime stories in Canadian history. In 1941, nine members of a wandering band of Inuit on the remote Belcher Islands were murdered…
Proprietary estoppel may be used to create a life interest in land
Clarke v. Johnson, 2014 ONCA 237 clarifies the law on proprietary estoppel and holds it may be used to create a life interest in land: A summary of the principles…
Habeas Corpus applies to allow Superior Court review of administrative prison decisions in spite of Federal Court judicial review
Mission Institutionv. Khela, 2014 SCC 24: The jurisdiction of the provincial superior courts over prisoners in federal institutions was explained by this Court in the 1985 Miller trilogy and confirmed…