Monthly Archives: October 2015

The Directed Verdict Standard in Ontario Criminal Proceedings

The standard a judge is to apply when asked to decide a directed verdict application at the conclusion of the Crown’s case is the same standard a justice applies in deciding whether to order committal at the conclusion of a … Continue reading

Fixing costs in Ontario Superior Court of Justice proceedings

The fixing of costs is a discretionary decision under section 131 of the Courts of Justice Act. That discretion is generally to be exercised in accordance with the factors listed in Rule 57.01 of the Ontario Rules of Civil Procedure. These … Continue reading

The Fortuity Principle in Insurance Contract interpretation ( Ontario)

The fortuity principle serves as an insurance contract interpretive aid. It is a general principle of insurance law that arises from the very nature and purpose of insurance, namely that ordinarily only fortuitous or contingent losses are covered by a … Continue reading

Alternate Suspect Evidence in Ontario

“I did not commit this crime. It was J.K!” In some criminal cases , alternate suspect evidence arguments will arise. On the one hand, a defendant is entitled to a full answer and defence. On the other hand there are … Continue reading

Further and better affidavit of documents in Ontario Superior Court proceedings

In appropriate circumstances,  a party may consider whether to bring a motion compelling the other side to produce a further and better affidavit of documents. There may be a concern for example, that a relevant document exists but has not … Continue reading

Adjournments in Civil Proceedings

Adjournment requests in civil proceedings are often granted on consent. Some are opposed. What are some of the factors the courts consider in determining whether an adjournment should be granted? Some of the considerations are the following: the over-all objective … Continue reading