James C Morton
This is a good deal? A ten day delay?
Once this is done, the breakout time – how long it would take Iran to produce sufficient highly-enriched uranium for one atomic bomb – would lengthen from at least 1-1.6…
Kirov was murdered by a lone gunman
“It must be asserted that to this day the circumstances surrounding Kirov’s murder hide many things which are inexplicable and mysterious and demand a most careful examination. There are reasons…
… never tell all you feel, or (a better way still), feel very little. See the consequences of being prematurely honest and confiding, and mistrust yourselves and everybody
William Makepeace Thackeray
Alberta Court of Appeal Criticizes Crown/Police Practice of Overcharging
R v Cox 2013 ABCA 394: We would like to add a final comment. As mentioned at the hearing of the appeal, the court was surprised that the criminal conduct…
Extension of time to appeal under the Provincial Offences Act
R. v. A.E., 2013 ONCA 71: Numerous authorities set out the appropriate factors that a court should consider in determining whether to extend the time in which to appeal under…
Vires of regulations under statute
Katz Group Canada Inc. v. Ontario (Health and Long-Term Care), 2013 SCC 64 deals with, among other things, whether a regulation is properly within the scope of the relevant enabling…
Voluntariness
Todays decision in R. v. Meeko 2013 NUCJ 28 is useful for its review of the common law regarding voluntariness. Of special importance is the Court’s consideration of factors that…
Due Diligence in Supreme Court of Canada
La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, 2013 SCC 63 deals with due diligence in regulatory law and declines to decide whether reasonable mistake of law can…
Best Offender and Mandatory Minimum Sentences
R v Lyta, 2013 NUCA 10 deals with the issue of whether only the “best offender” can receive a statutory minimum sentence. The Court, broadly put, does not adopt that…
How fast exposed skin can freeze when it’s very cold
With cold temperatures in place, it’s important to remember the dangers of wind chill to exposed skin! Here’s a look at how fast skin can freeze when exposed to the…
Damages due a tenant for a wrongfully terminated lease
Dasham Carriers Inc. v. Gerlach, 2013 ONCA 707: When a party sustains a loss by reason of a breach of contract, damages are to be awarded in an amount that…
Setting Aside Default Judgment
Royal Bank of Canada v. Datanet Wireless Inc., 2013 ONCA 706: The motion judge explicitly addressed the applicable pre-requisites for the setting aside of a default judgment, as described in…
Toronto Council Cannot Remove Statutory Powers of the Mayor
News reports suggest that today’s motion will seek to remove all of Mayor Ford’s remaining powers. If that is, in fact, the proposal, then Mayor Ford has a Christmas in…