Canadians were shocked and saddened by the death of a Winnipeg mom and her two young children this summer. Today comes the news that Allyson McConnell , convicted of murdering her two sons and deported to her native Australia, has been found dead, of an apparent suicide.The birth of a child is … [Read more...]
Bench Press 38-1: A Tree Grows in ….Toronto?
Two neighbours in Toronto contested the ownership of a large Norway maple tree. Katherine Hartley claimed sole ownership of the tree and wanted to cut it down because she feared it was dangerous. Her neighbours contended that the tree straddled their property line, so that they had ownership of the … [Read more...]
Bench Press 37-6: A Jury of Your Peers
The Ontario Court of Appeal has ordered a new trial for an Aboriginal man convicted of manslaughter in 2008. The majority on the Court found that Clifford Kokopenace did not receive a fair trial because the jury that heard his case had no Aboriginal members. Mr. Kokopenace argued that his Charter … [Read more...]
Bench Press 37-6: Water Woes
A Court of Queen’s Bench judge has ruled that the provincial Environmental Appeal Board has no jurisdiction to grant public interest standing to interested parties who wish to appeal decisions of the Director of Alberta Environment and Sustainable Resource Development. The applicants wanted to … [Read more...]
Bench Press 37-6: Mandatory Workplace Testing
The Supreme Court of Canada has ruled that mandatory random alcohol and drug testing of unionized employees at the Irving Pulp and Paper plant in New Brunswick was unreasonable. The majority opinion stated “A unilaterally imposed policy of mandatory random testing for employees in a dangerous … [Read more...]
Bench Press 37-6: Hooking Up with a Pretty Girl
Justice Fergus O’Donnell of the Ontario Court of Justice recently wrote: “Devon Brumble wanted a pretty girl and, as is sometimes the case, he got most of what he wanted, however briefly, and a whole pile of trouble besides”. Brumble’s friend had offered to set him up with a pretty girl with a long … [Read more...]
Sperm Donor Dad Case Update
The BenchPress feature of the January/February issue of LawNow talked about the case of the British Columbia woman fighting to find out the identity of her sperm donor dad.She argued that her Canadian Charter of Rights and Freedoms right to equality under the law was breached by the province’s … [Read more...]
Bench Press 37-5: Give It Up!
A Calgary man, unhappy with the decision a Court of Queen’s Bench justice made in his family law case, didn’t appeal the decision. Instead, representing himself, he sued the judge, citing malicious misuse of process and malfeasance in public office. He relied on a New Zealand decision, which allowed … [Read more...]
Bench Press 37-5: Judicial Discretion Defended
The Ontario Court of Appeal, along with appeals courts in Manitoba and Nova Scotia, have baulked at having their discretion in sentencing curtailed by provisions in the federal government’s Truth in Sentencing Act. A unanimous three-judge panel agreed that sentencing judges retain discretion to … [Read more...]
Bench Press 37-5: Conspiracy Theory?
The British Columbia Court of Appeal has ruled that the tort of conspiracy has no place in family law. Jodie Waters sued her ex-husband and his new wife, claiming that they conspired to transfer assets so as to thwart her claim for child support. The Court of Appeal decided that there is … [Read more...]
