Primacy of arbitration agreements and need to respect arbitration process
Hopkins v. Ventura Custom Homes Ltd., 2013 MBCA 67 has a useful summary of the law relating to the primacy of arbitral agreements: Many courts at all levels have accepted…
James C Morton
Bail pending appeal
R. v. Shelly Annette Taylor 2013 PECA 1 holds: For this motion, the hearing and determination are governed by the provisions ofs.679(3) of the Criminal Code. The judge of the…
Burden of proof not on moving party in mobility cases
Sferruzzi v. Allan, 2013 ONCA 496: Gordon v. Goertz, 2 S.C.R. 27 is the seminal case on mobility in family law cases. In it, the Supreme Court set out the…
Seven years for shooting at police in Kimmirut
R v Utye 2013 NUCJ 14: On July 28, 2012, the early morning peace and tranquility of Kimmirut was shattered by the sound of gunfire. Two members of the RCMP…
Defence of fair comment requires factual foundation disclosed or obvious to audience
Mainstream Canada v. Staniford, 2013 BCCA 341 holds: In order for the defence of fair comment to succeed, it is necessary for the comment to have a factual foundation or…
True? NO! In the old days men would stand outside the courtrooms with straw in their shoes. That would indicate their willingness to be a false witness and lie in front of the judge. So a straw man became someone who lied deliberately?
Its nonsense. Though repeated in websites and books – I saw it recently in a book about London in the early 1700s – not a single legitimate source attests to…
Pleading not guilty, by itself, does not suggest an accused is a danger
R. v. Hasan, 2013 ONCA 487 makes the important point that a claim of innocence prior to a finding of guilt is neither an aggravating factor for sentence nor proof…
In 1960 Detroit had the highest per capita income in America
And a population of two million. Now with 700,000, half functionally illiterate, the city is bankrupt. But the suburbs are fine. Troy is fantastically wealthy and Auburn Hills is nice.…
Complicity in international criminal law
Ezokola v. Canada (Citizenship and Immigration) 2013 SCC 40 deals with complicity in a criminal organization for international criminal law purposes: In sum, while the various modes of commission recognized…