Ferguson waits

Decision day in Ferguson will be Monday at the earliest | Toronto Star: “We’re living under a governor’s declared State of Emergency, we’re facing school closures, and we’ve got enough extra law enforcement here to make us all feel like enemies in our own country. And all over a process that should have been decided months ago.”...

Rob Ford still lying and delusional to the end…

Simple minds cling to their simple talking points: ...

Writing to a judge

Regulation 194 of the Courts of Justice Act, Rule 1.09 says: COMMUNICATIONS OUT OF COURT 1.09  When a proceeding is pending before the court, no party to the proceeding and no party’s lawyer shall communicate about the proceeding with a judge, master or case management master out of cou...

Keystone XL: Don’t Build It For Canada

A new poll, basically confirming what a lot of older polls suggested: Canadians are more likely to oppose (44%) than support (36%) the Keystone XL energy pipeline, while 20% have a neutral opinion. The opposite is true on the other side of the border: the figures are 34%, 52% and 14%, respectively. However, support is highest among self-identified supporters of the federal Co...

Model S Tesla Car in Regina

Last month James took me for a spin in an electric Rav 4. This week it was the sporty and futuristic Model S by independent car company Tesla. ...

Order Your Opportunities

My job, trying to change the world, is at least twice as hard as a conservative’s. I have to overcome others’ instinctual fear of change and new technology. Monday evening I proposed my condo board “investigate” using solar energy, if the association’s Winter expenses don’t exceed our budget. 2 Board members opposed the idea! The motion passed anyway, but why would someone oppose an investigation of saving money on electricity? They stated it was an opportu...

Panda Da Mao in the snow

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Statutes may be considered even if not pleaded

Mason Homes Limited v. Woodford, 2014 ONCA 816: [15]       We are of the view that the respondents’ failure to plead the Act was not a bar to its consideration by the trial judge, who is permitted to have regard to applicable statutes. However, the trial judge erred in his analysis and application of the Act. ...

Gruending On Mining

The CNCA [Canadian Network on Corporate Accountability]  brief also referred to a systematic pattern of Indigenous and human rights abuses that have accompanied increased Canadian mining activity. It cited a report presented to the IACHR Commission last year by the Working Group on Mining and Human Rights in Latin America. In ten of the 22 Canadian mining projects reviewed by the group, 23 violent deaths an...

Wearable tech

Forget the eye glasses, the arm band, the watch, the ring. What I want is a smartphone in a narrow stick about 18″ long, and I want the controls to be based on gestures (moving the stick through the air) and voice commands. C’mon…. we have got to have wands. ...

Buffalo’s wall of snow

Here are some photos of the blizzard that rolled into Buffalo a couple of days ago dropping five feet of snow in one day. I’ve seen similar photos of snow squalls around here, but none that high. Gadzooks. ...

Privacy rights continue even in information or items lawfully seized by the State

Wakeling v. United States of America, 2014 SCC 72: [39]                          The highly intrusive nature of electronic surveillance and the statutory limits on the disclosure of its fruits suggest a heightened reasonable expectation of ...

Is Reducing Financial Inequality Really Possible?

WE’VE TALKED ABOUT IT, ADVOCATED AGAINST IT, lived with it, and continually felt defeated by it. Despite the best efforts of millions of individuals and groups to tackle the glaring presence of financial inequality in our community, country, and the world, we can be forgiven for feeling no closer to solving it. We understand about […] ...

Good faith in contract

Bhasin v. Hrynew, 2014 SCC 71:   Canadian common law in relation to good faith performance of contracts is piecemeal, unsettled and unclear.  Two incremental steps are in order to make the common law more coherent and more just. The first step is to acknowledge that good faith contractual performance is a general organizing principle of the common law of contract which underpins and informs the various rules in which the common law, in various situations and types...

Are By-Elections a Sign of Things to Come in a General Election?

A couple days ago, the Conservatives held on to two of their seats in Yellowhead and Whitby-Oshawa by fairly strong margins (42.6% in Yellowhead and 8.5% in Whitby-Oshawa). At least to me, this was not unexpected; Yellowhead did not feature the hullabaloo that Brandon-Souris or Fort McMurray did, so the Liberals were going to do well (they did, winning just under 20%, their best since 1993) but they were never going to come close to winning. In Whitby-Oshawa, the Liberals came closer that I e...

Despite the end result, a good night in Whitby-Oshawa

I’ve sufficiently recovered from lack of sleep Monday night to comment on the byelections Monday evening and specifically the Oshawa-Whitby byelection, where LPC candidate Celina Caesar-Chanvannes came up just a bit short in her efforts to win the seat. Still, it should be considered a good night for Liberals. Their vote total jumped from 14% in 2011 against Jim Flaherty to 41% – a 3x increase in votes (in the Yellowhead Alberta riding, they went from 3% to 20%). If we get a unifo...

Constitutional Challenge By Anti-Wind NIMBYS Is A Desperate Hail Mary

All they can point to in regards to negative health effects is “annoyance”: some folks find the presence of wind farms annoying.  And being annoyed all the time is, generally speaking, detrimental to your health. The problem is people can get annoyed at anything.  You may get annoyed by the fact that the condo going up across the street is being marketed ...

Forget Mount Rushmore: Richard Nixon’s last laugh

Richard Nixon laid back Richard Nixon resigned in disgrace, after his Watergate tapes had shown ...

ConCalls: “Clean and Ethical Campaign” #RoboCon #elxnfraud

Because the Guelph Liberal campaign was fined for not self-identifying in a robocall about their opponent’s position on abortion, the Conservatives ran a “clean and ethical campaign”. The crime of another party washes them clean. It’s very Jesus-like, somehow. Have them explain it to you, it’s beyond me. “The Conservative Party ran a clean and ethical campaign. We spend our campaigns identifying supporters and getting them out to vote,” Cory Hann wrote...

By-elections show federal NDP is no longer a national force or real alternative to the Conservatives

I’m disappointed that Canada has another climate change denier going to Ottawa in Pat Perkins, the new Conservative MP for Whitby-Oshawa.  But I was impressed with the ability of Liberal candidate Celina Caesar-Chavannes to increase her party’s support from 14% in 2011 to 41% yesterday.   The same NDP candidate in that riding saw her support col...

For Millennials: Talk Meaning, Not Just Money

  AUTHOR ROBERT PUTNAM NOTICED SOMETHING INTERESTING back in 1993. He discovered that between 1980 and 1993, the total number of bowlers in America increased by 10%, while those participating in league bowling declined by 40%. Putnam used that illustration as something of a symbol for the transformation that was taking place in the United […] ...

Remoteness of damages in contract

1298417Ontario Ltd. v. Lakeshore (Town), 2014 ONCA 802: [138]    In RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., 2008 SCC 54, [2008] 3 S.C.R. 79, at paras. 63-64, Abella J. (dissenting in part) summarized the test for remoteness of damages following a breach of contract: The defining explanation of the contractual breach principles of reasonable foreseeability and remoteness is found in&...

New Leger Federal Poll

Because there hasn’t been much federal polling lately: Here’s the link.  Not much analysis, however.  For that, read  Grenier....

You’re Richer Than Your Stink

If you like to know how banks screw everyone, you’ll want to read Alison’s latest. Between September 2008 and August 2010, Scotiabank received a $25 billion bailout amounting to 100% of the bank’s value – or as Steve and Jim preferred to call it at the time: “liquidity suppo...

Dangers of Expert Evidence

R. v. Singh, 2014 ONCA 791: [31]       It is important not to lose sight of the scope of a trial judge’s ‘gate-keeping’ function in relation to expert evidence.  A ruling in favour of the admission of expert evidence does not discharge the trial judge’s obligation to protect against the misuse of such evidence.  In R. v. Abbey, 2009 ONCA 624, 97 O.R. (3d) 33...

Ezrrata

AHRC legal counsel Arman Chak, a frequent target of Sun News TV personality Ezra Levant over the years, has been elected to the BOD of the Alberta Law Society.  Ezra’s encounters with the Society have been ...

Sunday round-up: the confusing Horwath hangs on; gorgeous ‘Malificent’ star hints at bisexuality…

This Martin Regg Cohn opinion piece pretty much sums up most of my thoughts on Ontario NDP Leader Andrea Horwath, whose unfortunate leadership was renewed yesterday by skeptical NDP delegates at their Toronto convention.  She may have a fe...

Campaign for Harper’s climate change denier in Whitby-Oshawa now complains about political smears

It’s extremely rich of Harper Conservatives to be ...

Caribou

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Whitby-Oshawa Conservative candidate Pat Perkins questions science on climate change

So Pat Perkins is willing to spend thousands of your tax dollars to fly herself out to a real-estate conference in Cannes, France that by her own admission “nothing con...