The Elks Want to Throw Me Out – What Are My Rights?
One of the most obscure areas of law is "club law". This deals with the rights of members of clubs to have fair hearings when dealing with clubs they belong…
James C Morton
Calculation of unreasonable delay for 11(b)
R. v. Coulter, 2016 ONCA 704: A. THE NEW FRAMEWORK SUMMARIZED Calculate the total delay, which is the period from the charge to the actual or anticipated end of trial…
Failure to comply with Rules can lead to personal liability for costs
Adlair v Nunavut 2016 NUCJ 23:\Lawyers have an ethical and professional duty to ensure that the advice they give a client, and the actions they take, are proper. In other…
Interpretation of a Standard Form Contract not subject to appellate deference
Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 holds that the interpretation of contracts is a question of mixed fact and law and so an appeal court should…
Why the Judge won’t reply to a Facebook post
I was recently involved in a criminal case. The judge ruled on sentence and the defendant was sent to jail for a long time – longer than I suggested but…
Requirement to make transcript or detailed notes of statement
Criminal disclosure often but not way includes transcripts or at least detailed notes of recorded statements. Such transcripts or detailed notes can form a basis for cross-examination of a witness…
Improper to ask accused to provide theory of case
A witness is to testify as to facts - not to explain their theory of a case. R. v. Dhaliwal, 2016 ONCA 652: This line of questioning was improper. It…
Victim Crime Surcharges may be ordered concurrently
R v. Kililavioyak, 2016 NUCJ 21: In conclusion, I find that the VCS is in the nature of an ancillary order and that the principles regarding the imposition of concurrent…
Victim Crime Surcharges may be ordered concurrently
R v. Kililavioyak, 2016 NUCJ 21: In conclusion, I find that the VCS is in the nature of an ancillary order and that the principles regarding the imposition of concurrent…
Supreme Court restates Circumstantial Evidence Rule
R. v. Villaroman, 2016 SCC 33:No particular form of instruction to the jury is required where the evidence on one or more elements of the offence is entirely or primarily…
Supreme Court restates Circumstantial Evidence Rule
R. v. Villaroman, 2016 SCC 33:No particular form of instruction to the jury is required where the evidence on one or more elements of the offence is entirely or primarily…
Mitigation of Damages
Delco Automation Inc. v. Carlo's Electric Limited, 2016 ONCA 591: Although a plaintiff is entitled to recover damages for the losses it suffers from the defendant's breach of contract, the…
Mitigation of Damages
Delco Automation Inc. v. Carlo's Electric Limited, 2016 ONCA 591: Although a plaintiff is entitled to recover damages for the losses it suffers from the defendant's breach of contract, the…
Parties have duty to supervise counsel
Southwestern Sales Corporation Limited v. Spurr Bros. Ltd., 2016Southwestern Sales Corporation Limited v. Spurr Bros. Ltd., 2016 ONCA 590 ONCA 590: As part of its obligation to move its construction…
Parties have duty to supervise counsel
Southwestern Sales Corporation Limited v. Spurr Bros. Ltd., 2016Southwestern Sales Corporation Limited v. Spurr Bros. Ltd., 2016 ONCA 590 ONCA 590: As part of its obligation to move its construction…
Contempt – Spirit v Form
Chirico v. Szalas, 2016 ONCA 586 raises an interesting point. Contempt can be granted for a breach of the "spirit" of an order . This is hardly new but here…
Contempt – Spirit v Form
Chirico v. Szalas, 2016 ONCA 586 raises an interesting point. Contempt can be granted for a breach of the "spirit" of an order . This is hardly new but here…
An accused may discharge counsel at any time and the Court may not block such
It may be the trial will proceed without counsel but that's another issue. R. v. Chemama, 2016 ONCA 579: An accused has an unfettered right to discharge his or her…
An accused may discharge counsel at any time and the Court may not block such
It may be the trial will proceed without counsel but that's another issue. R. v. Chemama, 2016 ONCA 579: An accused has an unfettered right to discharge his or her…