Resist Arrest
No one likes to be arrested. Sometimes people use strong language in response to being arrested. Some people are very rude on being arrested. While imprudent (you should always be…
James C Morton
Resist Arrest
No one likes to be arrested. Sometimes people use strong language in response to being arrested. Some people are very rude on being arrested. While imprudent (you should always be…
Litigation Privilege – the SCC speaks
Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52: Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose…
Litigation Privilege – the SCC speaks
Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52: Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose…
Sentence Appeals
It’s the end of a criminal trial and you have been convicted. The judge gave a sentence and you don’t think it’s fair. Can you appeal and get a different…
Sentence Appeals
It’s the end of a criminal trial and you have been convicted. The judge gave a sentence and you don’t think it’s fair. Can you appeal and get a different…
Failure to comply with CBCA not, standing alone, oppressive conduct
Mennillo v. Intramodal inc, 2016 SCC 51: There are two elements of an oppression claim. The claimant must first identify the expectations that he or she claims have been violated…
Failure to comply with CBCA not, standing alone, oppressive conduct
Mennillo v. Intramodal inc, 2016 SCC 51: There are two elements of an oppression claim. The claimant must first identify the expectations that he or she claims have been violated…
Collusion
R. v. Clause, 2016 ONCA 859: Collusion can arise both from a deliberate agreement to concoct evidence, as well as from communication among witnesses that can have the effect, whether…
Collusion
R. v. Clause, 2016 ONCA 859: Collusion can arise both from a deliberate agreement to concoct evidence, as well as from communication among witnesses that can have the effect, whether…
Expired limitation periods and amendment of pleadings
1100997 Ontario Limited v. North Elgin Centre Inc., 2016 ONCA 848: A cause of action is “a factual situation the existence of which entitles one person to obtain from the…
Expired limitation periods and amendment of pleadings
1100997 Ontario Limited v. North Elgin Centre Inc., 2016 ONCA 848: A cause of action is “a factual situation the existence of which entitles one person to obtain from the…
Sexual Touching Requires True Consent
One important component of sexual assault law is consent. Any sexual touching requires that both parties give their consent or voluntarily agree. It can only be given by the persons…
ReOpening An Appeal
In theory an appeal can be reopened after disposition – but it is a high standard to meet: Chuang v. Toyota Canada Inc., 2016 ONCA 85: A party seeking to…
Extremely Important Supreme Court of Canada Decision on Joint Sentencing Submissions
It appears the Court has adopted the Alberta, rather than the Ontario, practice. This will change the approach in Ontario Courts immediately. R. v. Anthony-Cook, 2016 SCC 43: Joint submissions…
Lawyers and Conflict of Interest
Suppose you are married and you and your spouse decide to split up. Everything is very amicable and everyone agrees on everything. There really is nothing to fight about but…
What Is the Nunavut Land Claims Agreement All About?
Unlike most jurisdictions Nunavut was recognized as a result of negotiation and a statute. The Nunavut Land Claims Agreement (NLCA) created Nunavut as jurisdiction and recognized the right of the…
Division of powers: Vires and Paramountcy
CITATION: Canada Post Corporation v. Hamilton (City), 2016 ONCA 767: The following section first articulates the general principles of the division of powers analysis, specifically the doctrines of ultra vires…
Limitations Defences Must Be Pleaded
Singh v. Trump, 2016 ONCA 747: This court has consistently held that “he expiry of a limitation period is a defence to an action that must be pleaded in a…
Judicial Officers show presumptively have their costs of a discipline hearing regardless of result
Massiah v Justices of the Peace Review Council, 2016 ONSC 6191: In my view, the 2012 Panel started from a flawed premise, that is, that where there has been a…