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…
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…
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…
“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…
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…
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…
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,…
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,…
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…
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…
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…
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…
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 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…
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…