Three years delay for a three day trial excessive
Today's brief Supreme Court decision in R. v. Vassell, 2016 SCC 26 is important and makes clear the issue of unreasonable delay is still very real: ...
James C Morton
Three years delay for a three day trial excessive
Today's brief Supreme Court decision in R. v. Vassell, 2016 SCC 26 is important and makes clear the issue of unreasonable delay is still very real: Turning to the s.…
Supreme Court holds tribunal finding is entitled to deference
British Columbia (Workers' Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25:The standard of review applicable to a tribunal's original decision requires curial deference, absent a finding of fact…
Supreme Court holds tribunal finding is entitled to deference
British Columbia (Workers' Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25:The standard of review applicable to a tribunal's original decision requires curial deference, absent a finding of fact…
Penile swab legitimate incident to arrest
Saeed, 2016 SCC 24:To be reasonable and therefore consistent with s. 8 of the Charter : (1) a search must be authorized by law; (2) the authorizing law must be…
Penile swab legitimate incident to arrest
Saeed, 2016 SCC 24:To be reasonable and therefore consistent with s. 8 of the Charter : (1) a search must be authorized by law; (2) the authorizing law must be…
Self Defence Not to be Analyzed from a Viewpoint of Perfection
R. v. Cunha, 2016 ONCA 491: I accept the appellant's argument that "the trial judge parsed the appellant's reactions down to the split-second and held him to a standard of…
Self Defence Not to be Analyzed from a Viewpoint of Perfection
R. v. Cunha, 2016 ONCA 491: I accept the appellant's argument that "the trial judge parsed the appellant's reactions down to the split-second and held him to a standard of…
Does a lawyer become liable to pay costs personally because he starts an action that has little chance of success? Maybe
Yesterday's decision in Best v. Ranking, 2016 ONCA 492 suggests counsel is not liable for costs for pursuing a weak action. But the court goes on to say the weakness…
Does a lawyer become liable to pay costs personally because he starts an action that has little chance of success? Maybe
Yesterday's decision in Best v. Ranking, 2016 ONCA 492 suggests counsel is not liable for costs for pursuing a weak action. But the court goes on to say the weakness…
Judicial Bias Claim
Beard Winter LLP v. Shekhdar, 2016 ONCA 493: It is important that justice be administered impartially. A judge must give careful consideration to any claim that he should disqualify himself…
Judicial Bias Claim
Beard Winter LLP v. Shekhdar, 2016 ONCA 493: It is important that justice be administered impartially. A judge must give careful consideration to any claim that he should disqualify himself…
Pith and Substance
In Canadian constitutional law the division of jurisdictions is based on legislative power being exercised within limited heads of power - for example property and civil rights. But to determine…
Pith and Substance
In Canadian constitutional law the division of jurisdictions is based on legislative power being exercised within limited heads of power - for example property and civil rights. But to determine…
Dismissal for delay
Sickinger v. Krek, 2016 ONCA 459: The principles that apply on a motion to dismiss an action for delay were set out by this court in Langenecker v. Sauvé, 2011…
Dismissal for delay
Sickinger v. Krek, 2016 ONCA 459: The principles that apply on a motion to dismiss an action for delay were set out by this court in Langenecker v. Sauvé, 2011…
Constitutional Protection of Solicitor Client Privilege
Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20: In our view, therefore, it is well established that a client of a notary or a lawyer has…
Stay pending leave to appeal to SCC in a civil matter
Livent Inc. v. Deloitte & Touche, 2016 ONCA 395: This court discussed considerations on this kind of motion in Yaiguaje v. Chevron Corporation, 2014 ONCA 40. They are th...
Charter breach following discovery of evidence can lead to exclusion of evidence
In a remarkable decision - one some might question - the Court of Appeal for Ontario holds Charter breaches occurring AFTER the discovery of evidence can be such as to…
Sufficiency of reasons in a civil case
Dovbush v. Mouzitchka, 2016 ONCA 381: Trial judges are called upon to make difficult decisions, often in difficult circumstances. They preside as the particular dynamics of the trial unfold. Inadequate...