James C Morton
One unsavoury witness can confirm the testimony of another
R. v. Brown, 2013 ONCA 128 holds that one unsavoury witness can confirm the testimony of another. Put otherwise, two Vetrovec witnesses can confirm each other: We disagree. As expressed…
The Test for Extending Time
Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131 deals with the test to extend time generally. In the specific case the Court was considering extending time to file a…
ADVERSE INFERENCES FROM FAILURE TO CALL EVIDENCE
Where a party to a proceeding fails without explanation to call an available witness or evidence that is of a material or corroborating nature, it is open to a judge…
Liability for conspiracy narrow
R v JF 2013 SCC 12 holds there are two schools of thought in Canada as to how, and under what circumstances, a person can be found liable as a…
Summary judgment in Family Law
Shachtay v. Shachtay, 2013 MBCA 17 holds summary judgment is not well suited for spousal support claims under Miglin: As well, we note the motion court judge’s comment that, relying…
Hate speech
Today’s decision in Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11 upholds stringent hate speech legislation. The Court goes so far as to hold ‘truthful statements can be presented…
Juridical reason for enrichment
Moreira v. Ontario Lottery and Gaming Corporation, 2013 ONCA 121 has a helpful analysis of when there is a juridical reason for an enrichment: In the first step, a plaintiff…