Sexual exploitation and a position of trust
R. v. Aird, 2013 ONCA 447 holds: Parliament chose not to specify the relationships that would constitute relationships of trust under s. 153(1), likely for two reasons: because of the…
James C Morton
Statements of intent can be hearsay where intent is a fact
R. v. McDonald, 2013 ONCA 442 holds: The Crown’s purpose in introducing Ms. Lewis’s evidence of the statement was to help establish that the common intent of the members of…
Lippa application dismissed – Paralegals can be directed to sit in body of court and be called after lawyers.
R v Lippa 2013 ONSC 4424 I can forward a PDF to anyone who needs it
Provincial driving suspensions do not constitute any part of a punishment imposed by criminal law but are a form of civil driving disability
R. v. Fernandes, 2013 ONCA 436 holds: It is also important to emphasize that driving prohibition orders under theCode, and provincially-imposed driving suspensions or restrictions are different in character and…
Mistake of fact and due diligence are different defences
R. v. Legrande 2013 ABCA 229 makes clear the distinction between mistake of fact and due diligence. For strict liability offences a reasonable belief in a mistaken set of facts…
Abuse of power in public office
Gardner v. Canada (Attorney General), 2013 ONCA 423 holds: Although Gardner has alleged several causes of action in her pleading, her principal claim is for abuse of power or misfeasance…
Reasonable fitness for purpose
Islander R.V. Sales & Rentals Ltd. v. Rice, 2013 NLCA 41 deals with reasonable fitness for purpose under the Sale of Goods Act (while a Newfoundland case the statute is…
Worth watching — Andy Griffith on privacy rights and solicitor-client privilege
http://www.youtube.com/watch?v=0wL9Li0f1Po
Settlement privilege applies to the quantum of settlement
Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37, released today, holds the quantum of a settlement is subject to settlement privilege. The case also repeats the established…
Judge must raise concept of reasonable doubt and W.(D.) when credibility findings required on a "vital issue" even without accused testifying
R. v. King, 2013 ONCA 417 holds: In W.(D.), at pp. 757-758, Cory J. set out what is now the commonly-used jury instruction on reasonable doubt: A trial judge might…
Reliance damages in tort and contract
PreMD Inc. v. Ogilvy Renault LLP, 2013 ONCA 412 holds: The ordinary measure of damages in tort is reliance damages. The court tries to put the injured party in the…
Ineffective assistance of counsel
R. v. Buckley, 2013 NSCA 73 holds: The standard of review for a claim of ineffective assistance of counsel is well settled. This court said in R. v.West, 2010 NSCA…