James C Morton
What does "reside" mean on the context of bail?
Gravino, O.J. No. 2927 (C.A.), at para. 1: On the authorities, the word “reside” is a word of flexible meaning. While its usual meaning is that it refers to where…
What does "reside" mean on the context of bail?
Gravino, O.J. No. 2927 (C.A.), at para. 1: On the authorities, the word “reside” is a word of flexible meaning. While its usual meaning is that it refers to where…
Issue Estoppel
Penner v. Niagara (Regional Police Services Board) 2013 SCC 19 deals with issue estoppel. The legal framework governing the exercise of the discretion not to apply issue estoppel is set…
Issue Estoppel
Penner v. Niagara (Regional Police Services Board) 2013 SCC 19 deals with issue estoppel. The legal framework governing the exercise of the discretion not to apply issue estoppel is set…
Cost consequences for changing evidence from discovery without notice
Malka v. Vasiliadis, 2013 ONCA 239 is an example of the failure to give notice that evidence given on discovery is no longer that to be given at trial lead…
Cost consequences for changing evidence from discovery without notice
Malka v. Vasiliadis, 2013 ONCA 239 is an example of the failure to give notice that evidence given on discovery is no longer that to be given at trial lead…
Judges are to listen; not to intervene in the fray
R. v. Huang, 2013 ONCA 240 holds: We make a final observation. This is the second time in less than one year that this court has allowed appeals relating to…
Considerable deference given to Ontario Review Board decisions
Hassan (Re), 2013 ONCA 236 holds, consistent with prior case law, that considerable deference will be given to ORB decisions: We note that the specialized expertise of the ORB attracts…
Boston Bombing Searches
… law-enforcement officers were searching an apartment in the Boston suburb of Revere. Massachusetts State Police confirmed that a search warrant related to the investigation into the explosions was served…
Civil remedies forfeiture may be refused if Crown delays excessively
Attorney General of Ontario v. 20 Strike Avenue, Bowmanville, Ontario, 2013 ONSC 2130 holds that an application by the Attorney General of Ontario for an order for forfeiture of property…
Witness exclusion orders and calling a party after others have testified
Witness exclusion orders are customary in both civil and criminal trials. In both cases the parties are allowed to remain in court, even if witnesses, regardless of the exclusion order.…
Break, entry and theft may be established by recent possession of goods obtained by break and enter
R. v. Pitcher, 2013 NLCA 22 allows the doctrine of recent possession to be used to prove break, entry and theft. Some might suggest that holding places a great deal…
"… mere silence, even where it would be reasonable to expect a denial in the face of an accusation, will not constitute an admission"
R v Scott, 2013 MBCA 7, para 19. Sed contra R v J.F. (2011), 85 CR (6th) 304 (Ont C A) para 46.