James C Morton
Duty of trial judge to review evidence and issues for jury
R. v. Minor, 2013 ONCA 557: In all but the rarest of cases, a trial judge has a duty to review with the jurors the issues to be resolved and…
Parliament or legislature can overturn a precedent
Régie des rentes du Québec v. Canada Bread Company Ltd., 2013 SCC 46 makes clear the legislature can overturn a precedent set by the Court: It is settled law in…
Judge sentences Delhi rapists to die for ‘gruesome crime’
“This is not the victory of truth. But it is the defeat of justice,” defense lawyer A.P. Singh shouted at the judge when the sentence was read out. Can you…
Quebec Values? No, just politics of separatism
The Quebec government plans to forbid the wearing of religious garb in government facilities. There will be time limited exceptions for religious hospitals or schools that elect to opt out.…
Fall Provincial Election – Thornhill a Factor?
I don’t agree with her slant but she makes some good points: “In true Tory death wish fashion, the PCs are engaged in some embarrassing infighting. Fedeli became finance critic…
A trial judge may, but not must, consider a video of a crime to identify an accused
R. v. Rae, 2013 ONCA 556: The appellant also submits that the trial judge, who saw the appellant in court throughout the trial and viewed the convenience store video, erred…
Eyewitness identification
R. v. Yigzaw, 2013 ONCA 547: In R. v. Jack, 2013 ONCA 80, 294 C.C.C. (3d) 163, at paras. 12-17, Epstein J.A. provides a useful summary of the applicable legal…
Missing persons in Canada
There are about 7,000 missing people in Canada at any given time. Of those perhaps a sixth of the adults have mental or drug issues — the rest are missing…
Judicial Compensation Commissions
Judges of the Provincial Court (Man.) v. Manitoba et al., 2013 MBCA 74 considers judicial compensation commissions. Judicial officers do not negotiate with the Government regarding compensation; rather compensation commissions…
Contract interpretation
Northwest Plaza Ltd. v. Zellers Inc. and Target Canada Co., 2013 NBCA 54: According to classical contract theory, the interpretive issue involves a search for the intention of the parties…
Can a non party appeal?
Kutlesa v. Kutlesa, 2013 ONCA 549: There is a threshold problem today, however: Mr. Kotsiou was not, and is not, a party to the Family Law Actproceeding between the Kutlesas…
Tho-Radia Beauty Products
In 1933, a pharmacist, Alexis Moussali and a Parisian doctor, Alfred Curie, launched a French range of radioactive beauty products, first from the Rue des Capucines and then from 146…