Morton's Musings
J Morton Musings Blogspot. Canadian Law and Policy.
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Canadian Law and Policy
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Morton's Musings: Acquisition of Easements by Prescription
The Court of Appeal decision in Kaminskas v. Storm , 2009 ONCA 318 sets out the law well on acquiring real property rights by prescription. ...
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Morton's Musings: Reasonable and probable grounds defined
R. v. Lapensee , 2010 ONSC 2171, released this week, has a good summary of the law regarding reasonable and probable grounds. This...
Jmortonmusings.blogspot.com news digest
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6 years
Under section 23 of the Courts of Justice Act the Small Claims Court has a limited jurisdiction. The CJA provides Small Claims Court has jurisdiction in any action for the payment of money or for the recovery of possession of personal property up to...
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6 years
Trudeau right to comment on jury selection
Neither the Prime Minister nor Justice Minister Jody Wilson-Raybould made a specific comment on whether the Gerald Stanley case was rightly decided.
But they did say that the way juries are assembled in Canada can lead to a perception of partiality. Recognizing that and taking steps to revise the jury system to make sure it is, and is seen to be, impartial is exactly what elected officials are supposed... -
6 years
Guilty Plea Not Always Leading to Mitigation of Sentence
R. v. F.H.L., 2018 ONCA 83:
[22] A plea of guilt does not entitle an offender to a set standard of mitigation. The amount of credit a guilty plea attracts will vary in each case. In R. v. Faulds (1994), 1994 CanLII 770 (ON CA), 20 O.R. (3d) 13 (C.A.), at para. 14, this court held... -
6 years
Limits on Summary Judgment? Lesenko v. Guerette, 2017 ONCA 522
[30] Used appropriately, summary judgment motions are an important tool for enhancing access to justice and achieving proportionate, timely and cost-effective adjudication: Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87. In my view, this motion...
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Web host: | Google LLC |
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Created: | July 31, 2000 |
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