In court identification supported by prior out of court identification
R. v. Johnson, 2013 ONCA 73 holds that when a witness identifies the accused as the offender in court and testifies that he remembers identifying the same person in an…
James C Morton
Recognition cases
Regina v. Spatola 3 O.R. 74-84 (C.A.) is an older case with a useful comment regarding recognition evidence: Bare recognition unsupported by reference to distinguishing marks, and standing alone, is…
The tertiary ground is only rarely to be used to refuse bail
R. v. Teemotee, 2011 NUCJ 17 considers the tertiary ground for refusing judicial interim release Section 515(10)(c) of the Criminal Code provides that a person may be detained in custody…
Improvident sale
Centurion Farms Ltd. v. Citifinancial Canada Inc., 2013 ONCA 79 has a helpful statement of the test for improvident sale by a mortgagee of a mortgages property: … the proper…
I fell asleep reading a dull book and dreamed I kept on reading, so I awoke from sheer boredom.
Heinrich Heine
Restrictive covenants
Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 is an important case upholding strongly the principle that, generally, restrictive covenants are unenforceable: (1) Framework Covenants in restraint of trade…
The government will also introduce a “Victims Bill of Rights” and new legislation dealing with individuals found not criminally responsible for a crime, Mr. Nicholson said.
This may be a good thing, a bad thing or merely a press thing. It would be good if the government actually gave some substance to this announcement: Story
Judicial officers should not inquire as to whether counsel are acting under instruction
Canada (Competition Bureau) v. Yellow Pages Marketing B.V., 2013 ONCA 71 is a useful source for the principle that except in extraordinary cases the Court should not inquire as to…
Tories to announce tougher sentences: Mr. Kennedy said that currently, too many kids either end up in prison or in the country’s health-care system as they “run away from the pain that has happened in their life.”
So let’s have more jail and longer sentences to keep more kids inside? Mandatory minimum prison works (or may work) for economic crimes like fraud or middle class crimes like…
Q: What did the big furry hat say to the warm woolly scarf?
A: “You hang around while I go on ahead.”
Toronto’s Jains build a ‘landmark’ temple: AJIT JAIN
There are approximately eight million followers of the Jain religion worldwide – and close to 6,000 of them in Toronto – but it’s part of their ethos to keep a…
Post offence conduct
R. v. Angelis, 2013 ONCA 70, released this morning, has a very helpful summary of the law on post-offence conduct or what used to be called consciousness of guilt: An…