James C Morton
Let’s hold off on Rob Ford just now
Yes the documents seem to show a relationship with Lisi and some exchange of something. And that could be drugs. But it also could be a paperback novel. Being caught…
Academic decisions subject to judicial review but not appeals
Mortazavi v. University of Toronto, 2013 ONCA 655: We see no basis for interfering with the motion judge’s exercise of discretion in this case. The original Statement of Claim was…
Causation in homicide
R. v. Manasseri, 2013 ONCA 647: The causation requirement in cases of unlawful homicide emerges from the combined operation of sections 222(1) and 222(5) of the Criminal Code. A person…
The Structure of Jury Charges
R. v. Huard, 2013 ONCA 650: In jury charges, substance controls. Form, not so much. No particular approach or standard formula is compulsory. Provided the charge fulfills its purpose and…
Duffy said the Prime Minister’s Office had directed its lawyer, Arthur Hamilton, to pay Duffy’s legal bills, amounting to $13,560
Here's the cheque released by Duffy:
S 684(1) Assignments and Good Faith
Section 684(1) of the Criminal Code allows the Court to assign counsel to act on behalf of an appellant on an appeal. The question to be decide is do the…
Michael Mandel dies – a loss to Osgoode
Just today I learned Michael Mandel, a professor for many years at Osgoode Hall died, perhaps this morning. Michael was a part of Osgoode Hall that no one could ever…
Provocation and Air of Reality
R. v. Cairney, 2013 SCC 55: C shot and killed his long‑time friend F. At the time, C was living with F and R, who was C’s cousin and F’s…
Default set aside without consideration of merits
As a general rule, one of the factors to be considered in setting aside a default is the merit of the claim, appeal, application etc against which default is made.…
The victim surcharge will be MANDATORY effective tomorrow, Oct. 24/13.
As you may know, the victim surcharge will be: (1) 30% of any fine imposed; or (2) if no fine imposed, $100 for summary conviction offences or $200 for indictable…
Leave to appeal for costs is not required if the substantive disposition is different from that of the decision under appeal
Chiaramonte v. Chiaramonte, 2013 ONCA 641: The husband also asks this court to set aside the costs order of Snowie J. dated February 1, 2013, which ordered costs in favour…
Sad news, Justice Fedak passes
FEDAK, The Honourable Eugene Boris Most unexpectedly in his 79th year. Loving husband of Grace for 55 glorious years. Cherished Dad of Mark and Catherine (Bill) Kosyk. Adored Dido of…