James C Morton
Consent is not vitiated in all circumstances of sexual assault causing bodily harm
R. v. Zhao, 2013 ONCA 293 requires subjective intention to cause bodily harm before consent for assault bodily harm is vitiated. The Court also considered whether (without deciding) vitiation of…
Flying to Chesterfield Inlet
On the way – maybe! – to Rankin and then Yellowknife.
Void for Vagueness
R. v Levkovic, 2013 SCC 25 deals with the concept of a law being void as too vague: The doctrine against vagueness is founded on two rationales: a law must…
The process of drawing inferences from the evidence is not the same as speculating
R. v. Scott, 2013 ONCA 286 holds: The process of drawing inferences from the evidence is not the same as speculating. In this case, the evidence at the preliminary inquiry,…
Props thundering away
Off from the airstrip in Repulse Bay and on to Coral Harbour:
Props thundering away
Off from the airstrip in Repulse Bay and on to Coral Harbour:
Stay of prosecution only proper to stop continuing or future abuse
Antorisa Investments Ltd. v. Vaughan (City), 2013 ONCA 287 provides: The issue, however, was whether a stay of proceedings was the only remedy to address that abuse in accordance with…
Telewarrants not to be granted merely as a convenience
R. v. Lao, 2013 ONCA 285 holds: It will be recalled that s. 487.1 of the Criminal Code permits an application for a search warrant application to be made by…
Unreasonable verdict
The principles applicable when there is an allegation of unreasonable verdict are summarized in R. v. R.P., 2012 SCC 22 (CanLII), 2012 SCC 22, 1 S.C.R. 746. Deschamps J., for…
“Remembrance of things past is not necessarily the remembrance of things as they were.”
― Marcel Proust