Chambers Estate v. Chambers, 2013 ONCA 511: The applications judge was fully alive to the legal principle that the court should not lightly interfere with a testator’s choice of the…
R. v. Griffith, 2013 ONCA 510 holds: On the basis of this court’s decision in R. v. Lessard (1977), 30 C.C.C. (2d) 70, it cannot be doubted that the trial…
R. v. A.B., 2013 NUCJ 15 deals with joint sentencing submissions: The Court’s discretion on sentence is constrained by the terms of a joint submission. Jurisprudence from the Court of…
R. v. Puddicombe, 2013 ONCA 506 deals with obiter from the Supreme Court of Canada: R. v. Henry instructs that some obiter from the Supreme Court of Canada must be…
R. v. R.L., 2013 ONCA 504: The governing test for a claim of ineffective assistance of counsel is an exacting one. As indicated by the Supreme Court in R. v.…
Stetler v. Stetler, 2013 ONCA 508 approves of an adverse inference made by a trial judge on the basis that witnesses who could have been called were not. This is…
Marine Services International Ltd. v. Ryan Estate, 2013 SCC 44 effectively eliminates the doctrine of interjurisdictional immunity: Interjurisdictional immunity exists to protect the “basic, minimum and unassailable content” or the…
R. v. M.T., 2013 ONCA 476: Helpful summaries of the doctrine of abuse of process are found in the recent decisions of R. v. Nixon, 2011 SCC 34, 2 S.C.R.…
R. v. J.P., 2013 ONCA 505 holds: I must also consider the public interest, taking into account the fact that the appellant was convicted of a serious crime against the…
Ontario v. Criminal Lawyers’ Association ofOntario (O.N.C.A., April 19, 2011)(34317) “In three cases arising in the context of criminal proceedings in Ontario, trial judges appointed amici curiae to assist the…
R. v. Wilson, 2013 ONCA 503 allows leave to determine if failing to wear a seatbelt properly is absolute or strict liability : In my view, it is a question…
An ad from 1902 — the good old days when men were men — and they realized heroin was better than morphine for those lingering coughs…
R. v. Granada, 2013 ABCA 273 points out that expert evidence may be inadmissible but still not prejudicial. Generally expert evidence is excluded because it will be given too much…
Drawing an inference in the absence of any direct evidence is a material error: 1250264 Ontario Inc. v. Pet Valu Canada Inc. 2013 ONCA 279, O.J. No. 2012, at para…
