Facebook used to demolish prejudice claim on 11(b) application
R v Nowak 2013 ONCJ 52 shows a creative Crown using Facebook to demolish a claim of prejudice arising from trial delay. The Court notes: Of note, Mr. Nowak stated…
James C Morton
Treaty obligations bind the Crown as a whole, both Federal and Provincial; the respective Crown to deal with specific matters is determined by the Constitution Act, 1867
Keewatin v. Ontario (Natural Resources), 2013 ONCA 158 holds that Treaty obligations bind the Crown as a whole, both Federal and Provincial, and that the respective Crown to deal with…
Inflammatory questions in cross examination
Desharnais v. Parkhurst and Romanowski, 2013 BCCA 113 deals with inflammatory questions put during cross examination: The plaintiff relies on R. v. Fanjoy, 1985 CanLII 53 (SCC), 2 S.C.R. 233,…
You call that a blizzard?
Iqaluit was under a blizzard advisory last night. I expected to be trapped forever in the Storehouse Bar (I suppose there are worse places to be trapped). In fact there…
Election financing reform needed
We have finance rules and they have to be followed. That said, the rules as they exist are far too limiting. I can easily imagine this situation happening with a…
Counsel ought not to speak to matters where personally involved even if no objection taken
Ricciuto v. Somers, 2013 ONCA 153 is a good reminder that counsel cannot be personally involved in a case: This is not a case for costs. Although we appreciate that…
Immigration consequences a proper consideration on sentencing
A number of cases have dealt with whether a reduction in sentence is appropriate to avoid immigration consequences: R. v. Duhra, 2011 ABCA 165 and R. v. B.R.C., 2010 ONCA…
Hmmn, Toronto government offices will never close …
Legislature Nunavut “consideration will be given to closing government offices in any community if a combination of any three of the following occur in a normal workday:” • visibility is…
Errh, so doesn’t that just make him a follower of Church teaching?
"Bergoglio is no progressive. He opposes same-sex marriage, abortion and the use of contraceptives. But he is a strong voice for social justice, calling the unequal distribution of wealth a…
Surprised Bear
I thought I had a shot at being Pope!
Pope Francis I: Cardinal Jorge Bergoglio is new pope
Cardinal Jorge Mario Bergoglio, Archbishop of Buenos Aires, is the first Jesuit ever elected as Supreme Pontiff and the first from the Americas.
A conscious decision not to participate in the proceedings bars consideration of a defence for the merits
Sunlife Assurance Company of Canada v. Premier Financial Group Incorporated (Premier Financial), 2013 ONCA 151 is a good source for the principle that someone who chooses to ignore a claim…
Osgoode Hall, Toronto in 1856
Note there are no “cow catcher” gates on the fence — it is a myth that the fence was put up to keep farm animals out
The doctrine of privity of contract is of considerably diminished force in Canada as a continuing principle of contract law
Brown v. Belleville (City), 2013 ONCA 148 holds: It is important to note at the outset that the doctrine of privity of contract is of considerably diminished force in Canada…
Ron Delisle passes
Those who knew Ron Delisle at Queen's will be saddened to hear that he passed away this morning at Kingston General Hospital. Canada has lost a great academic and a…