ICLR Weekly Case Law Update

The Incorporated Council of Law Reporting for England and Wales 

Here’s the Weekly Case Law Update for October 15, 2018.

If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be  happy to provide those for you.

Manitoba eLaws – New Edition – Business Law No. 83

The October 2018 edition of the Business Law Update has been published. Selected contents include:

  • Application of Common Interest Privilege in Commercial Transactions Restored: FCA
  • Private Disputes Not Enforceable Via the Oppression Remedy: MBCA
  • Exclusion Clause a Bar to Negligent Misrepresentation Claim: MBCA
  • Legislative Updates, including several regarding the upcoming legalization of marijuana
  • and more.

ICLR Weekly Case Law Update

The Incorporated Council of Law Reporting for England and Wales 

Here’s the Weekly Case Law Update for October 9, 2018.

If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be  happy to provide those for you.

Accessibility in Sentencing

As I’ve mentioned before, I read “What’s hot on CanLII” every week to find out what decisions a significant number of viewers found interesting. Sometimes, I make surreptitious finds that I like to share with you.

This week, the number 2 case was R. v. Morris, 2018 ONSC 5186. What was so significant about this case? It was written reasons for sentencing, provided by Nakatsuru, J. The importance of the decision is the language and the writing. Justice Nakatsuru wrote as if he was speaking directly to the offender. He used short sentences, plain English, and he explained every detail of how he came up with his decision and why he chose to accept some evidence even though the Crown objected.

This is not the first time Justice Nakatsuru has written in this manner. In R. v. Armitage, 2015 ONCJ 64, a decision of the Gladue court in Toronto, he also wrote directly to the offender.

I find this approach incredibly heartening. To me, it shows that justice is listening to offenders and not only taking into account their background, but explaining it to them so they can understand. In a law library like we have, we’re surrounded by works that require significant literacy skills to understand. Thank you to J. Nakatsuru for considering his audience while writing his decision.

ICLR Weekly Case Law Update

The Incorporated Council of Law Reporting for England and Wales 

Here’s the Weekly Case Law Update for October 1, 2018.

If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be  happy to provide those for you.