An order dismissing a motion for contempt is interlocutory
Simmonds v. Simmonds, 2013 ONCA 479: The appellant relies on Pimiskern v. Brophey, 2013 O.J. No. 505 to argue that an order dismissing a motion for contempt is a final…
James C Morton
Dishonesty gives cause for termination in financial industry
Agostino v. Gary Bean Securities Ltd., 2013 ONSC 6918 holds: I recognize that dishonesty does not automatically mean that an employer has cause for dismissal. Writing on behalf of a…
Arviat children eat fewer than 3 fruit per month: Researcher says children also eat little local caribou and fish
“We found some terrible things. You know, most of our students are eating caribou meat only once a week. They’re eating fish only once a month. They’re eating fruit on…
Custody arrangements of children cannot be used to punish contempt
Chan v. Town, 2013 ONCA 478 holds: We therefore set aside the finding of contempt. It is nevertheless necessary to state that the remedy imposed by the motion judge was…
Reasonable apprehension of bias
In murder cases bail is considered by a Superior Court judge. Is it problematic for the bail judge to be the trial judge? No; see R. v. Williams, 2013 ONCA…
What is required to change bail at the conclusion of a preliminary inquiry
The judge hearing a preliminary inquiry can, at the conclusion of the inquiry vacate any existing bail order and make a new one: Criminal Code s. 523(2). R. v. Prete,…
Canada is full?
Recently there has been a claim that Canada is full – the population cannot grow larger. Certainly in parts of the South good farmland has been, and continues to be,…
Zimmerman
The acquittal was not a great surprise. The prosecution’s case did not come out especially well. The attempt last week during closing (!!!) to allege child abuse was not a…
How should judges approach self-represented litigants at trial?
Bird v Bird, 2013 SKQB 157 sets out a useful checklist for how judges should approach self-represented litigants at trial: 46) The Court went on to quote the guidelines established…
Strip search must not be conducted as a matter of routine
R. v. McKay, 2013 ONCJ 298 holds: Since the Supreme Court of Canada’s decision in R. v. Golden, supra, it has generally been accepted that when it is necessary to…
Rhetorical questions to be avoided in jury charge
R. v. Williams, 2013 ONCA 477 holds: We agree with the appellant that the trial judge’s earlier directions to the jury, when he was relating the evidence to the elements…
Dangerous Driving and Negligence
R. v. Robertson, 2013 BCCA 268 is a useful analysis of the distinction between dangerous driving and negligence. Merely driving badly is not sufficient to establish dangerous driving: The more…
Being a witness at trial
Being a witness comes up in many different ways. First you can be a witness in a case brought by or against you. So then you are a party and…
Charter values and exclusion of evidence
R. v. Akpalialuk, 2013 NUCJ 12 has a powerful statement of Charter values: All citizens have a profound interest to ensure that the legal rights fundamental to a free and…