Burdens of proof in a blended voir dire
R. v. Boston, 2013 ONCA 498 deals with the complexities of burdens of proof in a blended voir dire. Even though all the evidence is heard at once it is…
James C Morton
Now that’s a cough suppressant!
This cough remedy contained codeine, chloroform and cannabis:
Corroboration absent and judgment set aside
Anten v. Bhalerao, 2013 ONCA 499 uses the concept of corroboration to set aside a finding of incapacity. The testimony of a witness is said to be corroborated when it…
Deference to findings of fact
Barclays Bank PLC v. Devonshire Trust, 2013 ONCA 494: Second, findings of fact by the trial judge attract deference on appeal and are only reviewable by this court if they…
The essence of liberalism is an attempt to secure a social order not based on irrational dogma, and insuring stability without involving more restraints than are necessary for the preservation of the community.
Bertrand Russell, in A History of Western Philosophy (1945), Introductory, p. xxiii
Did Ulysses arrive in the same ship he left in?
Is identity the continuity of substance or essence?
Six Nations of the Grand River
The Grand River ‘Champion of Champions’ Powwow Committee is a group of highly motivated, community spirited volunteers who have for the past three decades, staged and organized, on behalf of…
Abuse of process and improper purpose
Doe v. A & W Canada, 2013 HRTO 1259 is an interesting decision where an application was brought on openly bogus grounds to raise issues with human rights legislation. In…
Admission for truth of prior inconsistent statements
R. v. Youvarajah 2013 SCC 41: B. Admissibility of Prior Inconsistent Statements Historically, an out-of-court prior inconsistent statement of a non-accused witness was admissible only to impeach the credibility of…
No general constitutional right to bilingualism across all Provinces
scolaire francophone de la Colombie‑Britannique v. British Columbia – 2013 SCC 42 holds: However, the Charter also reflects a recognition that Canada is a federation and that each province has…
A search condition imposed on sentence without notice or consent is improper
R v Atadjuat, 2013 NUCA 06 holds a sentencing condition allowing a search of a convict’s premises imposed by the Court without notice or consent is improper: Following a guilty…
This is hilarious
The Sun Media editorialists decide to call up the toll-free number featured in the government’s much-reviled Economic Action Plan advertisements. Result? “A polite receptionist referred us to the ministry of…
Balancing media access and informant privilege
XY v. United States, 2013 ONCA 497 holds: Since the privilege applies, the court’s role is to “accommodate the open court principle to as great an extent possible without risking…