The trier of fact should not consider the accused’s evidence in isolation 27 Aug 2013 | 06:28 pm

R. v. Menow, 2013 MBCA 72 is a good source for the proposition that an accused’s evidence at trial is not to be considered in isolation: [16]                     Every person is presumed to be innoce...

Breakfast 27 Aug 2013 | 05:18 pm

In Ontario, as a general proposition, a vendor is, apart from express contract, under no general duty to disclose defects relating to title or to qual... 26 Aug 2013 | 11:44 pm

Outaouais Synergest Inc. v. Lang Michener LLP, 2013 ONCA 526: [76]       The trial judge found, at paras. 106-107, that the cost recovery clause could be said to be a defect relating to the quality o...

Monday 26 Aug 2013 | 05:24 pm

Quiet Enjoyment is not limited to breaches of title or possession but it must be a breach made by the lessor or of those lawfully claiming under the l... 26 Aug 2013 | 05:23 pm

In Kenny v Preen [1963] 1 QB 499, Pearson LJ in the Court of Appeal said (at 511): The implied covenant for quiet enjoyment is not an absolute covenant protecting a tenant against eviction or interfe...

Tag on a Teddybear given to a child in hospital 26 Aug 2013 | 05:32 am

"Les homes construisent trop de murs et pas assez de ponts." (Men build too many walls and not enough bridges.) 26 Aug 2013 | 04:02 am

Commonly attributed to Isaac Newton and usually presented as "we built too many walls and not enough bridges". As even a cursory knowledge of Isaac Newton's thinking would suggest, this is most unli....

Why didn't Hitler use poison gas against Allied forces? 26 Aug 2013 | 01:14 am

During the Second German War both sides expected the other to use poison gas. And both sides were ready to retaliate in kind for the first use of such gas. So why didn't Hitler, especially when thin....

Misapprehension of evidence 25 Aug 2013 | 04:26 pm

R. v. Vokurka, 2013 NLCA 51: [20]        In R. v. MacIsaac, 2013 NLCA 26 (CanLII), 2013 NLCA 26, Rowe J.A. summarized the law relating to misapprehension of evidence: [16]      The test for misappre...

Justice and Justices of the Peace 23 Aug 2013 | 07:58 pm

From the current edition of the Law Times, an Ontario newspaper for the legal profession: Judges and justices of the peace have their remuneration determined in a peculiar way.  Contract negotiation....