Tort of Conversion
Tran v. Chung, 2016 ONCA 378: The tort of conversion involves "a wrongful interference with the goods of another, such as taking, using or destroying these goods in a manner…
James C Morton
Failure to consider Aboriginal heritage an error regardless of distance from heritage
R. v. Kreko, 2016 ONCA 367: Section 718.2 of the Criminal Code requires consideration of the principles of sentencing, including the following principle:(e) all available sanctions, other tha...
Error to confuse source of money with money
Andrade v. Andrade, 2016 ONCA 368: In finding that Luisa had no money of her own the trial judge conflated "income from paid employment" and "money". He confused the question…
Standard of review on appeal from a commercial arbitration award will generally be reasonableness
Ottawa (City) v. Coliseum Inc., 2016 ONCA 363: The standard of review on appeal from a commercial arbitration award will generally be reasonableness. The leading case is Sattva, wherein Rothstein…
Peace Bonds
A peace bond is a court order in which a person who has threatened or harmed you agrees to stop the threatening or harmful behaviour and to stay away from…
Proof in police discipline matters higher than balance of probabilities
How very odd. There are supposedly only two standards. Balance of probabilities and beyond reasonable doubt. But not for police it seems. Jacobs v. Ottawa (Police Service), 2016 ONCA 345:12]…
Adverse inferences from failure to tender a witness
R. v. Jolivet, 1 S.C.R. 751:25 The general rule develop...
A guilty plea by a co-accused, not called at trial, cannot be used to support the Crown’s case
R. v. C.G., 2016 ONCA 316: This was an error. The trial judge also erred in using K.I.'s guilty plea to corroborate the evidence of the complainant. Had K.I. been…
Discoverability and the start of a limitation period
Some might wonder if the test as enunciated suggests a certain level of legal knowledge which makes the commencement problematic. Brown v. Baum, 2016 ONCA 325: I do not agree…
What are the top 5 best ways to identify someone with a concealed weapon?
#1 Shirt outside the pants A shirt worn outside the pants is the #1 characteristic of a person with a gun. An un-tucked shirt should be a clue that a…
Supreme Court decision on Garofoli and O’Connor applications
World Bank Group v. Wallace, 2016 SCC 15:A Garofoli application is more limited in scope than a typical O'Connor application, relating as it does to the admissibility of evidence, namely…
Powers of Court in Small Claims Court
Hervieux v. Huronia Optical, 2016 ONCA 294: R. 12.02 provides as follows:12.02 (1) The court may, on motion, strike out or amend all or part of any document that,(a) discloses…
An amendment is to be granted unless it would have been struck under R 21 intially
Spar Roofing & Metal Supplies Limited v. Glynn, 2016 ONCA 296: The respondent's submission is in effect a submission that the court should consider the merits of the factual and…
Is it worth suing?
Sometimes things happen in life that give rise to a legal claim but are not worth pursuing. Let's suppose you bought a tin of beans from a store and when…
Police seizure of penis swab legitimate incident of arrest
R. v. M.T. 2016 NUCJ 09: The common law has long permitted the warrantless seizure from a suspect of fingerprints, swabs for gunshot residue, and finger nail scrapings as incident…
Métis and non status Indians are “Indians” under the Canadian Constitution and fall under Federal Jurisdiction
Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12: Métis and non‑status Indians are "Indians" under s. 91(24). There is no need to delineate which mixed‑ancestry communities are…