James C Morton
"In the present case, the trial judge improperly used the appellant’s right to be present at his trial to discredit his testimony. She erred in doing so."
R. v. Jorgge, 2013 ONCA 485 is a very clear statement that a judge may not consider the possibility that an accused tailored their evidence to meet evidence already heard.…
Documentary Evidence in Civil Matters
Documentary evidence poses a major challenge for the Courts. This is especially so for civil cases – often trials for these matters are conducted with a focus on the substantive…
When is legislation of quasi-constitutional status?
Nunavut (Minister of the Environment) v. WSCC, 2013 NUCJ 11 has a useful analysis of when a statute is to be given special consideration as being of quasi-consititutional status: A.…
For there to be reconciliation, there has to be truth.
When the news of intentional malnutrition of aboriginal children in 1940s Canada came out, a Crown Attorney I was sitting with said “that’s just like Nazi Germany”. My instinct was…
Hostile and adverse witnesses
Canada Evidence Act: 9. (1) A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but if the witness, in the…
Cross examination of own witness on prior statement
McInroy et al. v. The Queen, 1 S.C.R. 588: Section 9(2) is not concerned with the cross-examination of an adverse witness. That subsection confers a discretion on a trial judge…
Leading questions during examination in chief
R. v. Muise, 2013 NSCA 81 considers leading questions during examination in chief: The law on the use of leading questions during direct examination was reviewed by Charron J. (as…
Documents referred to in Claim may be considered on motion to strike for no cause of action
McCreight v. Canada (Attorney General), 2013 ONCA 483 deals with the principle that, on a motion to strike for no cause of action, documents expressly referred to in the claim…
Death of Alex Colville
I met Alex Colville in his studio in Nova Scotia over thirty years ago. The precision and detail of his work was (and is) astonishing; certainly he created an instantly…
Compound interest is the norm
Zacharias v. Zurich Insurance Company, 2013 ONCA 482 is an insurance case with implications beyond the insurance field. The court considers whether under specific legislation interest payable is simple or…