"Stringent pre-trial bail conditions” and sentencing
R. v. Peterkin, 2013 ONSC 2116 has a helpful summary of how pretrial bail conditions are to impact of sentence: In R. v. Downes 2006 CanLII 3957 (ON CA), (2006),…
James C Morton
Acid reflux provides a defence to Over 80
R. v. Coffey, 2013 ONCJ 178 holds: I find that I accept Mr. Coffey’s evidence that he was actually experiencing acid reflux symptoms during the breath tests. I found his…
Judicial notice in sentencing
R. v. Sansalone, 2013 ONCA 226 deals, albeit obliquely, with the use of judicial notice in sentencing. The Court approves of its use where a fact is “notorious”. This seems…
An appeal court can intervene only if it is satisfied the trial judge erred in law or made a palpable and overriding error in findings of fact or mixed law and fact
Savoury v. Nova Scotia (Attorney General), 2013 NSCA 36 is a convenient source for the standard of review on appeal: The parties acknowledge the limits of appellate review. An appeal…
Court of Appeal uses same test for reliability for hearsay and opinion evidence; bonus dormitat Homerus
Orfus Estate v. The Samuel and Bessie Orfus Family Foundation, 2013 ONCA 225 deals with hearsay and the principled approach. A capacity assessor left certain voicemails outlining his impression of…
Documentary evidence in provincial offence matters
Documentary evidence poses a major challenge for the Courts. This is especially so for Provincial Offences – often trials for these matters are conducted rather casually and evidentiary issues are…
Winter storm watch for today!
It's springtime, but a winter storm watch is in effect. Environment Canada warns it's not snow we have to worry about. A series of low pressure systems is bringing heavy…
The conduct of the accused while on bail prior to revocation, if applicable, may be a relevant factor in determining whether to grant enhanced credit
R. v. Morris, 2013 ONCA 223 holds: While the trial judge concluded that lack of remission on pre-sentencing custody is not of itself a factor warranting enhanced credit, she also…
Law Times
VICTIM REMEMBERED AS DECENT LAWYER Kevin Dunsmuir, one of the victims of a deadly East Gwillimbury, Ont., fire, was a brave and professional lawyer, according to a Toronto litigator who…
Mr. Guilty remains so…
R. v. Wilson, 2013 ONCA 222, in dismissing an appeal, holds: In the course of explaining reasonable doubt to the jury, the trial judge said: The presumption of innocence means…
Parental mobility
Decaen v. Decaen, 2013 ONCA 218 deals with parental mobility and restates the test from Gordon v. Goertz, 2 S.C.R. 27: (b) Gordon v. Goertz In Gordon v. Goertz, Justice…
Margaret Thatcher, former U.K. PM, has died
Margaret Thatcher, one of the most important British politicians of the 20th century, has died. She was the first woman to become U.K. prime minister and Britain's only prime minister…
Secrecy and ethics cast dark cloud on Stephen Harper’s government: poll
But note 46 % say the country is headed the right way — and 46 % is sufficient for a crushingly large majority government… . OTTAWA — Two-thirds of Canadians…