"Electronic monitoring is not a primary ground panacea"
R v Sotomayor, 2014 ONSC 500
James C Morton
Refuse to blow
R. v. Goleski, 2014 BCCA 80: Elements of Failure/Refusal As discussed in Lewko at para. 9, the elements of the offence that the Crown must prove are: (i) a proper…
No bail for doctor who sexually abused sedated women during surgeries: public interest trumps bail
R. v. Doodnaught, 2014 ONCA 172: The public interest component is about the public perception of the reputation of the administration of justice. This is based on the view of…
Application of Informer Privilege
R. v. Cook, 2014 ONCA 170: I turn first to the issue of informer privilege. It was submitted that the law is not clear on this point. The leading cases…
Errh, what about Iraq?
"It is not appropriate to invade a country, and at the end of a barrel of a gun dictate what you are trying to achieve," Kerry said. "That is not…
Standard of review for questions of fact and questions of mixed law and fact is deference
Skinner v. Thames Centre (Municipality), 2014 ONCA 164: The standard of review for questions of fact and questions of mixed law and fact is deference, absent a palpable and overriding…
Irregularly signed default judgment not set aside as of right
The Toronto Dominion Bank v. Nawab, 2014 ONCA 152 deals with a default judgment signed before the time to defend had elapsed. In such circumstances many would assume the judgment…
Don’t punish Russian Canadians
The situation in Ukraine is dire and the Canadian government – quite rightly – is considering all options in terms of response. One option being considered is increasing restrictions on…
Necessity
R. v. Mazerolle, 2013 NBPC 21: 3. This defence must be restricted to the rare cases where the action was “involuntary”. It must be “strictly controlled and scrupulously limited”, as…
Structure of jury charge
R. v. Feng, 2014 BCCA 71: While the structure of a jury charge is a discretionary matter for the trial judge and therefore is entitled to deference, it must give…
Alibi
R. v. Tomlinson, 2014 ONCA 158: The principles that govern the defence of alibi are uncontroversial. A brief reference to some of their features is sufficient for our purposes. First,…
Dangerous Driving
The requirement that the vehicle be operated in a manner “dangerous” to the public relates to the manner in which the vehicle is operated as opposed to the consequences of…
Bears in Battle
Let’s hope they aren’t Russian…
The Crimean War
Russia and the Ottoman Empire went to war in October 1853 over Russia’s rights to protect Orthodox Christians. Russia gained the upper hand after destroying the Ottoman fleet at the…
The same conduct may justify aggravated damages and substantial indemnity costs
Pirani v. Esmail, 2014 ONCA 145: In my view, the trial judge was entitled to rely on what she considered to be highhanded and egregious conduct on the part of…