James C Morton
Security for costs and merits of proceeding
Ataliotis v. Assiniboine Credit Union Ltd., 2014 MBCA 16: Consideration of Merits of Action One of many factors a Master or motion judge is entitled to consider in exercising their…
Judges should be slow to exceed the sentence sought by the Crown and do so only after giving an opportunity for submissions
R. v. Beardy, 2014 MBCA 23: For a guilty plea to be valid, an accused must understand the nature and consequences of the plea prior to entering it (see s.…
A true owner interrupts the adverse possession of an occupier the moment a true owner steps upon the lands. The limitation period begins to run from the time the true owner was last upon the lands.
Hatt v. Peralta, 2014 NSCA 15
Revival provision in Ontario’s corporate statute is retroactive in effect
Achilles Motors Limited v. 1717222 Ontario Inc., 2014 ONCA 139: More than 25 years ago, this court established in Zangelo Investments Ltd. v. Glasford State Inc. (1988), 63 O.R. (2d)…
Things to Come (1936)
Oswald Cabal: Rest enough for the individual man, too much and too soon, and we call it death. But for Man, no rest and no ending. He must go on,…
Autonomy and freedom to choose
The concept of assisted suicide, legalization of marihuana and Gay rights are all tied together. It is perhaps a libertarian view but the freedom to choose is what each issue…
Witnesses perceive events differently
R. v. Wilcox, 2014 BCCA 65: I do not quarrel with the proposition, stated in Burd, that when a number of people observe the same event, they may see or…
Expert evidence
R. v. Sekhon 2014 SCC 14: As set out R. v. Mohan, 2 S.C.R. 9, at pp. 20-23, and affirmed in R. v. J.-L.J., 2000 SCC 51, 2 S.C.R. 600,…
S 683 Criminal Code does not allow for compelling of a person to give a voice (or other) sample
R. v. Karimi, 2014 ONCA 133: The provision refers to the production of existing material and not to the creation of material that may assist an expert in formulating his…
Conservatives eye Arctic reindeer reserve for oil and gas exploration
http://www.castanet.net/news/Business/109345/Conservatives-eye-Arctic-reindeer-reserve-for-oil-and-gas-exploration
Alcoholism and conditions not to consume alcohol
P.A.G., O.J. No. 5837 (OCJ, Fraser J): 104 In terms of the alcohol and drugs, I have one concern that although there’s some underlying suggestion that that’s an issue here,…
Time of Essence clause where parties not ready to close at closing date
2329131 Ontario Inc. v. Carlyle Development Corp., 2014 ONCA 132: The motion judge correctly held that, as the parties were not ready to close on August 3, the appellants could…
Interim, interlocutory, mandatory and permanent injunctions
1711811 Ontario Ltd. (AdLine) v. Buckley Insurance Brokers Ltd., 2014 ONCA 125: Various types of injunctive relief have been sought or ordered in this proceeding: interim, interlocutory, mandatory and permanent.…