James C Morton
Fiduciary duty
The Toronto Party v. Toronto (City), 2013 ONCA 327 discusses how fiduciary duties arise: The concept of fiduciary obligation has a venerable lineage rooted in the notion of breach of…
Release of monies seized under civil remedy legislation so as to retain counsel
In AG v $104,877 US, 2013 ONSC 2955, just released, Justice Perell allowed monies to be released from funds seized and preserved under the civil remedies legislation to allow civil…
Validity of information
R. v. Ladouceur, 2013 ONCA 328 holds non-compliance with s. 508 of the Criminal Code has no effect on the validity of an information: So, if an information survives a…
Mayor Ford will survive the crack scandal
The most recent scandal to touch Toronto's mayor, Rob Ford, involves allegations he smokes crack cocaine. Now, the allegations come second hand in the Toronto Star, and while the Star…
It is presumed that Parliament intends crimes to have a subjective fault element
R. v. A.D.H., 2013 SCC 28, just released, holds child abandonment requires a subjective fault to be proven. In so doing the Court notes a presumption that crimes require a…
Publication ban on name of complainant can properly be made without notice to media
CBC v. Her Majesty The Queen, 2013 NUCJ 06: I am satisfied that section 486.4 is applicable where the Crown only wants a publication ban on the name of the…
Sentence appeals
R. v. Lu, 2013 ONCA 324 holds: Before dealing with these submissions, it is important to recall the role of an appellate court when reviewing a sentencing decision. Appellate courts…
Air of reality test
R. v. Buzizi 2013 SCC 27: … As the Court held in Cinous, “the air of reality test intended to assess whether the defence is likely, unlikely, somewhat likely, or…
Leave to appeal from summary conviction appeal to Court of Appeal
R. v. Bresnark, 2013 ONCA 320: Leave to appeal to this court from a summary conviction appeal pursuant to s. 839 is granted sparingly, and only when some exceptional circumstance…
Liberal Victory in Labrador
MONTRÉAL– Liberal Leader Justin Trudeau made the following statement today on the by-election results in Labrador: “I am immensely proud of Yvonne Jones and want to offer her my heartfelt…
Verbal threats may amount to self-defence
R v Surette, Y.J. No. 149: 20 As to the argument by Crown counsel that words cannot constitute a use of force within the definition of self-defence, I find that…