James C Morton
Utter threats
R. v. McRae, 2013 SCC 68 clarifies the elements of uttering threats. It is now clear the threats need not be communicated to the person threatened. The actus reus of…
Supreme Court acknowledges judges are not always the best to interpret legislation
McLean v. British Columbia (Securities Commission), 2013 SCC 67 contains a somewhat surprising acknowledgement by the Supreme Court of Canada that Courts are not always the best bodies to interpret…
Potential prejudicial effect of photographs
R. v. Araya, 2013 ONCA 734: To the extent that the appellant submits that the photos had no probative value, I cannot agree. As the trial judge stated in his…
Principles of Party Liability
R. v. Cadeddu, 2013 ONCA 729: (c) Principles of Party Liability Section 21 of the Code is set out at para. 28, above. Subsection 21(1) deals with principals, aiding and…
An appeal court must not interfere with a trial judge’s findings of fact unless, in reaching them, the judge has committed a palpable and overriding error
Abraham v. Coblenz Holdings Ltd., 2013 BCCA 512 is a good current source for the principle that an appeal court must not interfere with a trial judge’s findings of fact…
You know you are too busy when…
…you are looking forward to a murder trial so you can relax and unwind …
No stand alone duty of good faith in contract
MHR Board Game Design Inc. v. Canadian Broadcasting Corporation, 2013 ONCA 728: The appellants argue that the respondent was under a duty to edit the presentation in good faith. However,…
Constructive Dismissal
Hynes v. Qulliq 2013 NUCJ 25: To reach the conclusion that an employee has been constructively dismissed, the court must therefore determine whether the unilateral changes imposed by the employer…
Powley test for Aboriginal Rights
R. v. Powley, 2 S.C.R. 207, 2003 SCC 43: The test is set out in ten parts: 1. Characterization of the right – for a harvesting right, the term “characterization”…
Shot-gun Buy-Sell Agreements
Western Larch Limited v. Di Poce Management Limited, 2013 ONCA 722: Unanimous shareholder agreements, partnership agreements, and joint venture agreements often contain what is commonly known as a “shotgun buy-sell…
Left and Right can make common cause
By Ralph Nader Common Dreams One of the most profitable corporations in America is having a holiday food drive. Sounds good – it’s the least Corporate America can do for…
Legal aid and admissibility of evidence
R. v. Carrol and Denny, 2013 ONSC 7072 (CanLII), It is not the role of Legal Aid to determine what evidence is, or is not admissible, at a criminal trial.…
Happy Hannukah
May this season of miracles be a harbinger of peace and enlightenment
Guilty plea major mitigating factor on sentence even in murder
R. v. Alariaq, 2013 NUCJ 27 makes very clear the importance of a guilty plea in mitigation on sentencing: In determining the appropriate period of parole ineligibility, the Criminal Code…