Recusal motion
Dugas v. Gaudet et al., 2014 NBCA 7: The grounds giving rise to the apprehension of bias must be sufficiently serious to rebut the presumption that the judge will abide…
James C Morton
Pond Inlet
Pond Inlet is considered to be one of Canada’s ‘jewels of the north.’ It is ringed by scenic mountain ranges, with many glaciers and fiords. There are ice caves to…
Extremely important bail decision
R v Beck 2014 NWTTC 07 is an extremely important bail decision. It is, as far as I can tell, the first decision to consider the impact of TIS on…
De Jaeger – no cross on character
R. v. De Jaeger, 2014 NUCJ 07 is a very strong decision refusing a Crown application to exam on prior criminal offenses. In giving its reasons the court held: An…
Setting aside a default – Five factors
Traditionally there are three factors considered in setting aside a default. But Mountain View Farms Ltd. v. McQueen, 2014 ONCA 194 lists five: The court must consider the following three…
Extending time to appeal by Crown
R. v. Hobbs, 2014 ONCA 183: The test for an extension for the Crown in these circumstances is the interests of justice, having regard to factors such as whether the…
Appeal or cert from Charter based stay under POA
R. v. Courtice Auto Wreckers Limited, 2014 ONCA 189 says appeal: The single issue under appeal is the proper route to be taken by the Crown when it seeks to…
Man them cats talk funny
Fats Domino after meeting the Beatles
The phrase “spring forward, fall back” goes back decades.
One of the first uses was by the Heppner Gazette-Times in Oregon, which gave that advice to its readers in 1928.
Justice Vic Toews
OTTAWA, March 7, 2014 – The Honourable Peter MacKay, P.C., Q.C., M.P. for Central Nova, Minister of Justice and Attorney General of Canada, today announced the following appointment: The Honourable…
Fraud vitiating sexual consent
R. v. Hutchinson 2014 SCC 19: As we have seen, “fraud” for the purposes of consent has two elements: (1) dishonesty, which can include the non-disclosure of important facts; and…
Liberals, PQ are neck and neck: poll
But that does not mean a minority government. The Liberals are concentrated and will win some ridings with huge majorities – and that means the more spread out PQ can…
Offer and Counter Offer
Sotiropoulou v. Beaudin, 2014 ONCA 168: Counsel submits that the terms of the respondents’ counter-offer were not essential terms of the agreement. However, the law is clear. As Professor Fridman…