Royal Bank of Canada v. Samson Management & Solutions Ltd., 2013 ONCA 313 makes clear that common law guarantee defences can be ousted by sufficiently clear bank language: Parties are…
R. v. Singh, 2013 ONCA 315 illustrates the principle that it is improper to ask one witness to comment on the evidence of another and especially as to why another…
Nunavut (Director of Child and Family Services) v. S.Q. and L.K., 2013 NUCJ 05, released a few moments ago holds that the hearsay rule applies to child welfare cases in…
Behn v. Moulton Contracting Ltd. 2013 SCC 26 holds: In Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63, 3 S.C.R. 77, Arbour J. wrote for the majority of this…
On "Super Special",,,
R. v. Colbourne, 2013 ONCA 308 holds: On the basis that the case was argued at trial, the sole issue was whether the complainant consented to have sex with the…
R v. Procter (1991), 11 C.R. (4th) 200, 69 C.C.C. (3d) 436 (Man. C.A.) is a useful source for the proposition that the Crown may not refuse stipulations for the…
Jane passed away at home surrounded by her loving husband, children and family after an inspirational and determined three year struggle with cancer. Jane was the third child of Marilyn…
Williston v. Hamilton (Police Service), 2013 ONCA 296 provides: The appellant submits that the trial judge erred in ruling that s. 258.6 did not apply because the respondents were not…
R. v. P.S. 2013 ONCA 297 is a useful source for the proposition that, in brief trials, a trial judge’s reasons need not be elaborate to be sufficient: Second, the…
Tomic v. Tough, 2013 BCCA 212 deals with the criteria for granting leave to appeal The criteria for granting leave to appeal were addressed by Saunders J.A. inGoldman, Sachs &…
1250264Ontario Inc. v. Pet Valu Canada Inc., 2013 ONCA 279 holds: Appellate intervention is warranted where an inference of fact is not supported by any evidence and where an improper…
R. v. Lawson, 2012 BCCA 508 cites R. v. Blanchard, 2011 YKTC 86 holding: Finally, as a form of pre-sentence report, Gladue reports should be subject to the same general…
