James C Morton
Considering negative credibility findings made by a court in another action involving a party still dangerous
The temptation to raise negative judicial findings about a party in an unrelated case is strong but as today’s decision in Kay v. Caverson, 2013 ONCA 220 shows, perhaps risky:…
Should an Instagram Posting lead to charges?
Quebec woman faces charges after posting anti-police graffiti to Instagram Vote in the Poll A woman who circulated photographs of violent anti-police graffiti online is being accused of harassing one…
Causation
Ediger v. Johnston, 2013 SCC 18 restores a multi-million damages award to a B.C. girl whose health and future were severely compromised by a birthing-room error. In a ruling today,…
Agreeing to a summary judgment
It is becoming common in civil matters for parties to agree a case is fit for summary judgment. In effect the parties agree to a modified stated case. The Court…
Cell phone service has arrived in Cape Dorset, Nunavut
To say cellphone service is Nunavut is spotty is putting it mildly. Rogers has no service — I don’t know why they don’t put in one cell tower in Iq.Story…
A complainant is not more credible because of who is complained of
R. v. M.C.J., 2013 ONCA 205 holds: In our view, the appeal turns primarily on the emphasized portion of the following extract from the trial judge’s reasons. This extract appears…
Will a common law peace bond delay a pardon application?
The consensus is yes – probably by one full year.
Parents, sons die together in East Gwillimbury house fire
A great loss and tragedy. I knew Kevin forever. He was a decent, straightforward and competent professional. Someone you could talk to by phone and who always focused on substance…
A successful civil appellant is awarded the costs below and of the appeal
Marshall v. MMV Financial Inc., 2013 ONCA 188 holds: As he was largely successful on both appeals, the costs awards below are varied in any event, based on the general…
An appeal in the Kachkar case would likely fail
The Crown can appeal a finding of Not Criminally Responsible but only in very limited circumstances. The Crown has to show the trial judge made a material legal error in…
“Privilege generates the communication that the privilege protects. Eliminate the privilege, and the communication disappears”
1654776 Ontario Limited v. Stewart, 2013 ONCA 184