Saturday, December 20, 2008
More snow to come (of interest only to people in Southern Ontario...)
Tonight..Cloudy. Snow at times heavy beginning early this evening. Amount 5 cm. Wind becoming east 30 km/h this evening. Temperature rising to minus 2 by morning.
Sunday..Snow at times heavy becoming intermittent early in the afternoon. Amount 10 cm. Local blowing snow late in the day. Wind east 30 km/h becoming southwest 50 gusting to 70 early in the afternoon. Temperature falling to minus 8 in the afternoon.
Grit miracle: Iggy to fish in Tory water
Worth a read
REX MURPHY
From Saturday's Globe and Mail
Michael Ignatieff is good news for the Liberal Party.
It was good news when they didn't pick him at the leadership convention two years ago. He was then too fresh to the party and too fresh to Canada. He needed some time to wash the scent of the Harvard common room off himself. Needed time to establish some bona fides with the country he hadn't lived in for most of his adult life. Needed time for that big brain of his to wrap itself around the issues and rhythms, both subtle and complex, of Canadian politics.
Well, wrap itself it has, and the odour of Harvard has been duly subdued by the more manly fragrances of Question Period and the Liberal caucus room.
He stayed on after that first loss. That, of course, was critical. He stayed on and played the good soldier during the torments of Stéphane Dion's (let us be Christmas kind) uneven stay as Opposition Leader. Two years ago, he was a résumé. Today, he's a politician, almost "one of the boys."
And here he is, leader of the Liberals. Precisely how he managed this during the political convulsions of the past few weeks is almost mystically perplexing. If Mr. Dion had been in focus on the night of Dec. 3 (the infamous late video), Mr. Ignatieff might not be leader today. Let's just say that chance and tumult co-operated.
Now that he's leader, he's restored morale. He generates interest. People, non-politicians, find him interesting. No, he's not our Barack Obama or Pierre Trudeau redux, but he looks good opposite Stephen Harper and he clearly outshines both Jack Layton and Gilles Duceppe. Check out the Liberal front bench these days. They're smiling again, and it isn't the forced rictus of the past two years.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
REX MURPHY
From Saturday's Globe and Mail
Michael Ignatieff is good news for the Liberal Party.
It was good news when they didn't pick him at the leadership convention two years ago. He was then too fresh to the party and too fresh to Canada. He needed some time to wash the scent of the Harvard common room off himself. Needed time to establish some bona fides with the country he hadn't lived in for most of his adult life. Needed time for that big brain of his to wrap itself around the issues and rhythms, both subtle and complex, of Canadian politics.
Well, wrap itself it has, and the odour of Harvard has been duly subdued by the more manly fragrances of Question Period and the Liberal caucus room.
He stayed on after that first loss. That, of course, was critical. He stayed on and played the good soldier during the torments of Stéphane Dion's (let us be Christmas kind) uneven stay as Opposition Leader. Two years ago, he was a résumé. Today, he's a politician, almost "one of the boys."
And here he is, leader of the Liberals. Precisely how he managed this during the political convulsions of the past few weeks is almost mystically perplexing. If Mr. Dion had been in focus on the night of Dec. 3 (the infamous late video), Mr. Ignatieff might not be leader today. Let's just say that chance and tumult co-operated.
Now that he's leader, he's restored morale. He generates interest. People, non-politicians, find him interesting. No, he's not our Barack Obama or Pierre Trudeau redux, but he looks good opposite Stephen Harper and he clearly outshines both Jack Layton and Gilles Duceppe. Check out the Liberal front bench these days. They're smiling again, and it isn't the forced rictus of the past two years.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Canada's auto bailout
I am in two minds about the auto bailout -- it is necessary and I support it, but if people aren't buying the cars Canada makes why do we think they will start to after the government money is spent? Perhaps the automakers' plans will work? One can only hope.
Harper and McGuinty expected to announce auto industry aid package
TORONTO - On the heels of the American aid package for General Motors and Chrysler, Prime Minister Harper and Ontario Premier Dalton McGuinty are expected to talk about Canada's contribution today.
The Bush administration pledged US$17.4 billion in emergency loans to the beleaguered automakers Friday, meaning Canada will have to provide C$4.2 billion if it sticks to a promise made last week.
The federal and Ontario governments said they'll match one-fifth of any U.S. bailout, in proportion with Canada's share of North American auto production.
Spokesmen for Harper and Ontario Economic Development Minister Michael Bryant called the Bush bailout "good news."
And it was also welcomed by the Canadian Auto Workers union.
Full story here: http://ca.news.yahoo.com/s/capress/081220/national/meltdown_autos_canada
Harper and McGuinty expected to announce auto industry aid package
TORONTO - On the heels of the American aid package for General Motors and Chrysler, Prime Minister Harper and Ontario Premier Dalton McGuinty are expected to talk about Canada's contribution today.
The Bush administration pledged US$17.4 billion in emergency loans to the beleaguered automakers Friday, meaning Canada will have to provide C$4.2 billion if it sticks to a promise made last week.
The federal and Ontario governments said they'll match one-fifth of any U.S. bailout, in proportion with Canada's share of North American auto production.
Spokesmen for Harper and Ontario Economic Development Minister Michael Bryant called the Bush bailout "good news."
And it was also welcomed by the Canadian Auto Workers union.
Full story here: http://ca.news.yahoo.com/s/capress/081220/national/meltdown_autos_canada
Friday, December 19, 2008
Harper expected to appoint fundraiser to Senate
Saturday's Globe and Mail
OTTAWA — The Conservatives are expected to appoint their chief fundraiser to the Senate as part of a spate of appointments Prime Minister Stephen Harper will make as early as Monday.
Sources told The Globe and Mail that Mr. Harper planned to pick Irving Gerstein, a long-time fundraiser for the Conservatives and the Progressive Conservative Party that preceded them. Mr. Harper is also seriously considering the appointment of former interim party leader John Reynolds.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
OTTAWA — The Conservatives are expected to appoint their chief fundraiser to the Senate as part of a spate of appointments Prime Minister Stephen Harper will make as early as Monday.
Sources told The Globe and Mail that Mr. Harper planned to pick Irving Gerstein, a long-time fundraiser for the Conservatives and the Progressive Conservative Party that preceded them. Mr. Harper is also seriously considering the appointment of former interim party leader John Reynolds.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
"L'État, c'est moi"
I met a bright young woman from Zimbabwe today -- she is working as a receptionist for a major business. I mentioned that my family came, in part, from Zimbabwe and she told me how she wanted to go home (and certainly the weather today supports that desire) but how she could not for fear of the government.
It is truly amazing how a bad government has utterly ruined a wealthy nation. See the story below.
BINDURA, Zimbabwe (AFP) - President Robert Mugabe declared Friday that "Zimbabwe is mine" and vowed never to surrender to calls to step down, as his political rival threatened to quit stalled unity government talks.
Addressing his ZANU-PF party's annual conference amid a ruinous political crisis and a deadly cholera epidemic , Mugabe returned to the kind of defiance he has often shown in the face of mounting criticism.
"I will never, never, never, never surrender. Zimbabwe is mine, I am a Zimbabwean. Zimbabwe for Zimbabweans. Zimbabwe never for the British, Britain for the British," Mugabe told his party's annual conference.
The veteran leader in the former British colony said he would remain until "his people decided to change him."
While the comments struck a familiar tone for the 84-year-old leader -- he said earlier this year that only God could remove him from office -- he now faces increasingly grim circumstances in his crippled country.
The UN says more than 1,100 people have died in the cholera epidemic, adding to woes such as food shortages and poverty as Zimbabwe struggles with a collapsed economy and eye-popping inflation rates.
Mugabe denounced Western governments who have been stepping up their criticism of his regime since the cholera outbreak.
It is truly amazing how a bad government has utterly ruined a wealthy nation. See the story below.
BINDURA, Zimbabwe (AFP) - President Robert Mugabe declared Friday that "Zimbabwe is mine" and vowed never to surrender to calls to step down, as his political rival threatened to quit stalled unity government talks.
Addressing his ZANU-PF party's annual conference amid a ruinous political crisis and a deadly cholera epidemic , Mugabe returned to the kind of defiance he has often shown in the face of mounting criticism.
"I will never, never, never, never surrender. Zimbabwe is mine, I am a Zimbabwean. Zimbabwe for Zimbabweans. Zimbabwe never for the British, Britain for the British," Mugabe told his party's annual conference.
The veteran leader in the former British colony said he would remain until "his people decided to change him."
While the comments struck a familiar tone for the 84-year-old leader -- he said earlier this year that only God could remove him from office -- he now faces increasingly grim circumstances in his crippled country.
The UN says more than 1,100 people have died in the cholera epidemic, adding to woes such as food shortages and poverty as Zimbabwe struggles with a collapsed economy and eye-popping inflation rates.
Mugabe denounced Western governments who have been stepping up their criticism of his regime since the cholera outbreak.
Production of tax returns
Below is a link to a recent decision of Registrar Nettie of the Bankruptcy Court, in which he sets out whether CRA can be ordered to produce Tax Returns of third parties (i.e. who are not parties to the litigation at hand) and he concludes that while it is permitted to do so, it cannot be compelled to do so, even in the context of Bankruptcy proceedings: http://canlii.org/en/on/onsc/doc/2008/2008canlii65763/2008canlii65763.html; . The case is Re Gabrielle.
Snowmageddon
The phrase "snowmageddon" is clever -- it gives even people with no Bible knowledge a sense of dread and foreboding.
But seriously doesn't it make Canadians from southern Ontario seem a bit silly to compare the final battle for humanity, the end of time, the start of judgment day, to 15 cm of snow?
After all, the rest of Canada already thinks the GTA is pretty wimpy.
Maybe we can call out the Reserves to shovel?
The budget to come
Just after the election bringing Stephen Harper to power I wrote a piece asking how a nation like Canada could remove a government like that of Paul Martin.
Canada had a healthy surplus, declining debt, low inflation, low unemployment and strong economic growth.
Why would such a blessed nation change governments?
I concluded we lost the Martin election for several reasons none of which had much to do with the quality of government. The Martin government did a pretty good job in the brief time it continued. That said, it presented horribly to the Country and the false taint of corruption sealed our fate.
In the three years since Harper came to office the surplus is gone (and that before the downturn), unemployment is rising and the economy is moving from technical recession to recession to depression.
My point is not that Harper's government has destroyed the economy. While I still say the GST cut was a bad idea there is no doubt that any government would be facing tough times. Deficit spending is necessary. We will need to look at foreign trading and protecting Canadian industry.
The question is whether the Conservatives are now up to the task. The signs are promising. Consulting with the opposition, admitting the need to run deficits and generally being more humble make up for some of last month's nonsense.
James Morton
Canada had a healthy surplus, declining debt, low inflation, low unemployment and strong economic growth.
Why would such a blessed nation change governments?
I concluded we lost the Martin election for several reasons none of which had much to do with the quality of government. The Martin government did a pretty good job in the brief time it continued. That said, it presented horribly to the Country and the false taint of corruption sealed our fate.
In the three years since Harper came to office the surplus is gone (and that before the downturn), unemployment is rising and the economy is moving from technical recession to recession to depression.
My point is not that Harper's government has destroyed the economy. While I still say the GST cut was a bad idea there is no doubt that any government would be facing tough times. Deficit spending is necessary. We will need to look at foreign trading and protecting Canadian industry.
The question is whether the Conservatives are now up to the task. The signs are promising. Consulting with the opposition, admitting the need to run deficits and generally being more humble make up for some of last month's nonsense.
James Morton
Hamilton Centre AGM
Congratulations to all who participated in the AGM for, and joined the executive of, Hamilton Centre Riding Association. I understand the AGM went well and was attended by a large and enthusiastic crowd.
Special congratulations to the new executive officers:
President Al Wilson
Vice Pres. Don Drury
Treasurer John Berlinsky
Secretary Nancy Martin
Policy Catherine Kallin
James Morton
Special congratulations to the new executive officers:
President Al Wilson
Vice Pres. Don Drury
Treasurer John Berlinsky
Secretary Nancy Martin
Policy Catherine Kallin
James Morton
More Senate thoughts
The Senate is slagged a bit too much.
Yes, many (most?) of the appointments are politically based but that's hardly surprising seeing as the Senate is a political body. The Senators I have dealt with are all people of great competence who take their work seriously and do a pretty good job on it.
The problem is not so much with the people in the Senate or their work but rather with the undemocratic way they are appointed to sit in a legislature.
In effect, the Prime Minister's recommendation for appointment is unfettered and is not limited by the strength or weakness of the sitting government. So presently the Prime Minister does not have the support of the House (he may do soon but he doesn't presently) and yet he can appoint Senators the same way as if he had a crushing majority.
And, leaving flip-flops aside, the problem is not just one of immediate politics. The Senate is overwhelming Liberal, far more so than elections would likely lead to. That's because of the same power Stephen Harper is using now. Liberal Prime Ministers appoint loyal Liberals (hello, don't forget me next time!!).
The solution is not to have an elected Senate -- consider the possibility of a Liberal House and a Conservative Senate, both elected and both with democratic legitimacy; who forms the government?
I hate to propose constitutional reform but this one is a no brainer -- keep the Senate but have the appointments made by an independent appointments panel much like that exists for judges in Ontario. That way we get the best people and no overtly political input.
Don Martin: A seasonal gift for 18 lucky lapdogs
Every time an election writ drops, Dave Penner says goodbye to his young family, hard wires an ear to his cellphone and hits the road as wagonmaster for the Conservative leader's 36-day campaign tour.His job covers everything from moving the buses on time, finding cranky reporters adequate filing space and ensuring the all-important Teleprompter is in place and working when the Prime Minister steps to the microphone. He's been a shadowy figure in backrooms dating back to Brian Mulroney's days, then working with Reform and Canadian Alliance MPs before linking his fortunes to Stephen Harper's entourage. He's as honest as they come, but is a slightly masochistic sports fan, being a Buffalo Bills fanatic. His reward for all that volunteer work was to be named the PMO's director of appointments in 2006. And that means there are 18 names on Dave Penner's Christmas list who on Monday will be granted job security for the rest of their working lives as Mr. Harper moves to stuff the Senate with Conservatives deemed worthy. While Big Dave juggles hundreds of appointments every year, these picks will be the most difficult and delicate because they represent the ultimate climb-down on lofty Conservative principle and, if chosen poorly, will be viewed as an obscene act of multi-million-dollar patronage.The rush of appointments has been spun in advance as necessary to beat any power-seizing, Liberal-led coalition from stacking the Senate with their partisan choices if Mr. Harper's government is toppled in the coming months. Yet it's another sad about-face for this prime minister, whose government is developing a habit of sacrificing fundamental principle or fiscal policy when confronted by the slightest pretext.
http://www.nationalpost.com/m/blog.html?e=fullcomment/archive/2008/12/18/don-martin-a-seasonal-gift-for-18-lucky-lapdogs.aspx
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Three dimensional chess and Stephen Harper
John Ivison suggests that Stephen Harper is just in fireman mode -- running about putting out fires without dealing with any long term issues.
That may be right, and certainly the events of the last month caught Harper off guard.
But tactical losses do not mean there is no overall strategy. While I would not go so far as to suggest Stephen Harper's political thinking is perfect -- he tends to be too clever for his own good -- I cannot believe he is acting without thought.
John Ivison: Harper mounts an assault built on retreat
Either Stephen Harper is playing three dimensional chess at such an advanced level that he's bamboozled his political opponents, or he's winging it, in the hope that he doesn't land himself in checkmate. The latest in a series of policy reversals strongly suggests the latter. Ontario Premier Dalton McGuinty said this week that he and Mr. Harper had resolved their disagreement over the distribution of seats in Parliament when they met in Ottawa. "I spoke to him about that and I think we've fixed it," the Premier said. The inference was that Mr. McGuinty had won his battle to have Ontario allocated more than the 10 new seats in the House of Commons the government had proposed under legislation that would have seen representation in the House more closely aligned with growing populations. Under the original plan, B.C. was set to received an additional seven seats and Alberta another five. Most people have leapt to the conclusion that Mr. McGuinty's declaration of victory means Ontario is set to get another 21 seats, the number that would correspond to its population, when the legislation is re-introduced. However, sources say the number is more likely to end up being in the mid-range between 10 and 20 new seats. The motivation for revamping the legislation remains unclear but insiders say new Minister for Democratic Reform, Steven Fletcher, was asked to make nice with Ontario. This suggests Mr. Harper has had second thoughts about his decision to declare war on the province when he sent his Finance Minister, Jim Flaherty, to Toronto last spring, to attempt to lay the blame for the coming economic slowdown at Mr. McGuinty's door. "I've been tasked by the Prime Minister to come up with a formula that reflects the reality of Canada and respects Canadians' sense of fair play," said Mr. Fletcher in an interview yesterday. "I will be introducing legislation when Parliament resumes and I think most reasonable people will agree with the balance that is struck."Those who subscribe to the theory that Mr. Harper is a latter day Jean-Luc Picard, several chess moves ahead of his dim-witted opponents, might argue that the Prime Minister is simply turning to Ontario, now that he has been frustrated in Quebec. In this light, another 15 or so seats in Ontario boosts his chances of a majority. This remains a possibility but a closer look at the ridings from which new seats might be carved suggests that the Liberals are as likely to gain as the Conservatives. Of the 13 seats in Ontario with a population of more than 130,000 at the last election, five were "safe" Liberal seats (that is, won by more than 5% of the vote), four were "safe" Conservative seats, two were marginal Liberal wins and two were marginal Conservative victories.
Full story here: http://network.nationalpost.com/np/blogs/fullcomment/archive/2008/12/18/john-ivison-harper-mounts-an-assault-built-on-retreat.aspx
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Thursday, December 18, 2008
CSIS is wrong
It seems CSIS had been taping private calls between a terrorist suspect and his lawyers.
The Globe story sets out the facts:
"Canada's spy agency is taping conversations between men held as terrorism suspects and their defence lawyers, according to a Federal Court Judge, who suggests state agents cease such wiretaps and delete the tapes. "
Now, even though I am a lawyer, I don't necessarily see that every minor infringement of legal privilege means a fascist state arrives Tuesday. And certainly this particular infringement does not mean the end of liberty in Canada.
But ...
It is a non-trivial matter.
The worst murderers are given the right to speak openly and freely with a lawyer confident that nothing they tell the lawyer will ever be used against them or even known to others. Without that liberty an accused will not tell their lawyer what really happened and proper legal advise cannot be given.
The accused here is entitled to have confidential discussions with his lawyer. CSIS is wrong and the lawyers' outrage is just.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
The Globe story sets out the facts:
"Canada's spy agency is taping conversations between men held as terrorism suspects and their defence lawyers, according to a Federal Court Judge, who suggests state agents cease such wiretaps and delete the tapes. "
Now, even though I am a lawyer, I don't necessarily see that every minor infringement of legal privilege means a fascist state arrives Tuesday. And certainly this particular infringement does not mean the end of liberty in Canada.
But ...
It is a non-trivial matter.
The worst murderers are given the right to speak openly and freely with a lawyer confident that nothing they tell the lawyer will ever be used against them or even known to others. Without that liberty an accused will not tell their lawyer what really happened and proper legal advise cannot be given.
The accused here is entitled to have confidential discussions with his lawyer. CSIS is wrong and the lawyers' outrage is just.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Excluding evidence
David Asper, in today's National Post, suggests that we should exclude from court any evidence from someone who has received a benefit for testifying. As a practical matter, such a policy would allow sophisticated criminals to avoid prosecution and is simply not realistic.
In a perfect world criminal trials could be held without the need to hear from witnesses who are themselves criminals. We do not live in a perfect world.
Generally speaking, the people who have the best knowledge of sophisticated crimes are the people involved in the planning and execution of those crimes. Great care is taken to hide the crimes from outsiders and so if a prosecution for a sophisticated crime is to proceed the cooperation of at least one participant in the crime will almost always be needed.
Such cooperation is seldom (if ever) forthcoming because the participant has repented of the crime and wishes to testify and accept full punishment – the only way the cooperation comes is in return for something. That something can range from minor consideration on sentencing all the way to full immunity. And indeed, in a sense, that “something” can be seen as payment for testimony. But without that payment criminal conspiracies would be impossible to crack.
The Canadian compromise, allowing testimony of unsavory witnesses subject to close scrutiny, is not perfect but it allows for prosecution of crime while preserving the accused’s right to point out the dangers of the evidence. Any system excluding such testimony is a gift to criminals.
David Asper: Canadian courts are no stranger to sweetheart deals
In Wednesday's National Post, Steven Skurka argued that the cozy deal struck by David Radler in return for his testifying against Conrad Black in a U.S. court was somehow “un-Canadian.” This is wrong. In fact, this sort of practice is alive and well in Canada, and has contributed to a number of wrongful convictions. One of the clearest examples of this comes from the report of the commission of inquiry into the wrongful 1991 conviction of James Driskell, who was falsely accused of the 1990 murder of Perry Harder in Winnipeg.
In that inquiry, Judge Patrick Lesage confronted one of the most egregious cases of witnesses being given favourable consideration for their evidence. The primary evil, however, was not that the deal was struck -- but rather, that the existence of it was hidden from defence counsel, and therefore the court, at the time of Driskell’s trial.
XiLan explores the great outdoors!Paul Martin -- can you come back and run the economy please?
Radio reports today say:
Feds expect four years of deficits
Washington says managed bankruptcy an option for all three big auto makers
Unemployment to rise by at least 50% by the spring
Hmmm, Genesis 41:27?
And the seven thin and ill favored kine that came up after them are seven years; and the seven empty ears blasted with the east wind shall be seven years of famine.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Question for readers
When does Ontario get the extra seats? Which election will it impact?
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Christmas trees in public spaces
A couple of years ago I got big media play for suggesting that removing Christmas trees from Courthouses was a bad idea -- my argument was that Canada should be inclusive and so everyone (subject to space) should see their celebrations in public spaces. So Christmas trees, menorahs, divas etc are not a bad thing.
That position got a lot of flak and the main argument was that, especially in Courthouses, a Christmas tree might make, say, a young Muslim child who was the subject of a custody dispute, feel even more alienated from society. I grant that such an argument has some legs.
But still, I find some comfort in seeing the lights of Christmas; it is a season where most people, of all faiths, take a moment and break from the constant rush of work.
So I am not pulling down the tree in my office lobby!
Snow in Toronto -- Here's big news!!!
'Snow-mageddon' in Toronto?
Winter walloped Toronto with a thick blanket of snow early Wednesday and meteorologists warn it's not going away anytime soon.
A weather bulletin from Environment Canada warned that much of southern Ontario will be hit Friday and Sunday by significant snowstorms. The storms appear ominous enough that officials compiling the bulletin actually wrote, "Could this be snow-mageddon?"
Most parts of the city awoke to eight centimetres of snow Wednesday morning, with the southwest reporting slightly higher amounts. It was the same throughout much of southern Ontario, with even typically hard-hit areas such as Barrie seeing only about 10 centimetres.
"Things come in threes," Environment Canada meteorologist Geoff Coulson told CBC News by telephone from Mississauga.
"We've got another storm system on Friday that could potentially dump 15 or more centimetres in the Toronto area and another storm system on Sunday that could again leave us with 15-plus centimetres on the ground."
The storms will be followed by a drop in temperatures.
Ignatieff and Quebec
Interesting piece in the Post. As usual I don't agree with everything but it makes the real point that Michael Ignatieff is well placed to take Quebec.
I wonder if Harper's apparent capitulation in giving Ontario more seats reflects a decision that Quebec is hopeless but Ontario might go Conservative?
Opinion
L. Ian MacDonald: Ignatieff starts from position of strength in Quebec,
National Post
"Ignatieff was out of the store, indeed out of the country, when all that bad stuff happened to Quebec"
With Michael Ignatieff's installation as Liberal leader, the party gets to turn the page on its troubles in Quebec and begin a new era of political opportunity. The storied Liberal brand has been burdened by a quarter century of mishaps and misfortune in Quebec -- from the unilateral patriation of the Constitution, to the death of Meech Lake, to the Clarity Act and the sponsorship scandal. If you think of the Liberal brand as the McDonald's of Canadian politics, every one of these menu problems has driven customers away in droves. And the last manager of the franchise, Stéphane Dion, was a local guy hardly anyone liked. Ignatieff carries none of the party's burdensome legacy, and none of the personal animosity evident toward Dion, a native son but no favourite son of Quebec. Iggy was out of the store, indeed out of the country, when all that stuff happened. He's not tarnished by any of those events. If anything, his resumé as a public intellectual with significant international credentials enhances his standing in Quebec. Only his support for the 2003 U.S. invasion of Iraq, when he famously wrote "we" in The New York Times Magazine, has counted against him here, and that was in the last leadership cycle in 2006, not in the current one going into 2009.But even in the 2006 leadership round, Ignatieff had by far the strongest base of support in Quebec, the best organizers such as Denis Coderre and the most articulate advocates such as Liza Frulla. Even then, Ignatieff understood the Liberals had to make a fresh start in Quebec. It's generally forgotten now that the Québécois nation resolution proposed by Stephen Harper and adopted by the House in November, 2006, began with a similar motion Ignatieff brought to the floor of the Liberal leadership convention in Montreal. In his first bid to be the new CEO of Liberal Inc., Ignatieff instinctively knew the party needed new menu offerings in Quebec. Ignatieff may not be from here, but he fits in here. He has a cosmopolitan finish and easy fluency in French that enhances his public conversations. In short, he interviews well. He's passed difficult Quebec tests, such as obligatory appearances on the popular Tout le monde en parle TV show. And as he has just demonstrated in mounting a bloodless coup for the Liberal leadership, he also has a flair for what Quebecers call the "velvet glove and the fist of steel." His fingerprints aren't anywhere on the glove. In essence, a strong leader with style. Quebecers like that. This isn't to say that Ignatieff won't have difficulties going forward in Quebec. Every new leader gets put on a pedestal and then knocked off it. Even at 61, Ignatieff is new. He has the opportunity to introduce himself to Quebecers, and to explain his sense of its role in the federation, always a top consideration. The next election, whenever it comes, will be his first, while it will be Stephen Harper's fourth, and Gilles Duceppe's sixth. In establishing a 10-seat Quebec beachhead in 2006, Harper smashed the polarization of the vote between the Liberals and Bloc. Harper offered a respectable place for frustrated federalists and soft nationalists to go, with his promise of "open federalism." What he meant was classical federalism, respecting the constitutional division of powers, limiting the federal spending power in provincial jurisdiction and resolving the vertical fiscal imbalance, all of which he delivered on. The Québécois nation business was a bonus -- and as mentioned, it began with Ignatieff. The 2008 federal election in Quebec was another story, a missed opportunity of historic dimensions for Harper, who got whipsawed by Duceppe on his culture and crime packages as being alien to Québécois values, a debate the Prime Minister had no chance of winning. Harper has more re-building to do here after the final days of the Quebec election, which played out against his denunciations of "the separatist coalition" in Ottawa. The result of the coalition crisis is that Harper doesn't have Dion to kick around anymore. He's now looking at a real opponent, one with a real chance of restoring the Liberals as the competitive federalist option in Quebec.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Wednesday, December 17, 2008
Personal liability of corporate agents
The important decision in Kieswetter Sales and Leasing Ltd. v. 713460 Ontario Ltd., 2008 ONCA 859, released today, confirms the long established proposition that a corporate agent does not attract personal liability for inducing a breach of contract by the corporation unless the agent acted for personal benefit or outside the scope of corporate duty. Some trial courts had imposed liability despite the failure to act outside of the role as corporate agent -- such imposition is an error.
The Court held:
[4] The trial judge held that Dobes was personally liable because he put Heirloom in the untenable position of having to breach one of the two lease agreements it had entered into. In so doing, she erred. Entering into two lease agreements was not in itself a tortious act outside the scope of Dobes' authority. Heirloom could have assigned or sublet one of the leased premises or sought to buy out one of the leases. The trial judge made no finding that Heirloom was not a legitimate business. She made no finding that Dobes was acting outside the scope of his authority in entering into the second lease. Her finding that Dobes was not honest related to his attempt on behalf of the company to get out of the lease by testifying that the Kieswetter premises were unsuitable for a clock company and not to the act of entering the second lease. Further, we do not see that Dobes' actions were on behalf of an identity separate from that of Heirloom. Accordingly, the appeal of Dobes as to personal liability is allowed.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
The Court held:
[4] The trial judge held that Dobes was personally liable because he put Heirloom in the untenable position of having to breach one of the two lease agreements it had entered into. In so doing, she erred. Entering into two lease agreements was not in itself a tortious act outside the scope of Dobes' authority. Heirloom could have assigned or sublet one of the leased premises or sought to buy out one of the leases. The trial judge made no finding that Heirloom was not a legitimate business. She made no finding that Dobes was acting outside the scope of his authority in entering into the second lease. Her finding that Dobes was not honest related to his attempt on behalf of the company to get out of the lease by testifying that the Kieswetter premises were unsuitable for a clock company and not to the act of entering the second lease. Further, we do not see that Dobes' actions were on behalf of an identity separate from that of Heirloom. Accordingly, the appeal of Dobes as to personal liability is allowed.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Ontario to get 21 more MPs!
Of course where? And who does this help? Stay tuned.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Whatever Harper says ...
I have to say I disagree with those who say the Prime Minister should not be saying the economy is in deep trouble.
It is.
My complaint is that he should have been saying the economy was in danger long ago -- remember the Economic Update?
That said, none of the major political leaders foresaw just how bad things would get. Perhaps the Prime Minister could say some hopeful stuff ("we have nothing to fear" etc etc) but realistically whatever he says he'll be slagged.
PM's pessimistic talk makes bad situation worse, critics say
It is.
My complaint is that he should have been saying the economy was in danger long ago -- remember the Economic Update?
That said, none of the major political leaders foresaw just how bad things would get. Perhaps the Prime Minister could say some hopeful stuff ("we have nothing to fear" etc etc) but realistically whatever he says he'll be slagged.
PM's pessimistic talk makes bad situation worse, critics say
BRIAN LAGHI and STEVEN CHASE
From Wednesday's Globe and Mail
Mr. Harper, who said in a television interview on Monday that he has never seen such uncertainty about the future, came under fire for giving in to fear at a time when Canadians need their Prime Minister to offer a more positive outlook – both to relieve anxiety and to keep consumers spending.
New poll suggests Canadians are favorably impressed by Ignatieff
Ignatieff ascension to Liberal leader favourably viewed: Poll
OTTAWA - A new poll suggests Canadians are favourably impressed by Michael Ignatieff's installation as federal Liberal leader.
Half of respondents to The Canadian Press/Harris-Decima survey said they reacted positively when the Liberal party last week chose Ignatieff to replace Stephane Dion at the helm.
Only 11 per cent reacted negatively while 36 per cent had a neutral opinion about the change.
Ignatieff's ascension garnered more positive than negative reviews in every region of the country, particularly Ontario and Quebec where a majority cheered the change.
Among Liberal supporters, 69 per cent of respondents had a positive impression of the switch in leaders.
The telephone poll of just over 1,000 Canadians was conducted Dec. 11-14 and is considered accurate within 3.1 percentage points 19 times in 20.
OTTAWA - A new poll suggests Canadians are favourably impressed by Michael Ignatieff's installation as federal Liberal leader.
Half of respondents to The Canadian Press/Harris-Decima survey said they reacted positively when the Liberal party last week chose Ignatieff to replace Stephane Dion at the helm.
Only 11 per cent reacted negatively while 36 per cent had a neutral opinion about the change.
Ignatieff's ascension garnered more positive than negative reviews in every region of the country, particularly Ontario and Quebec where a majority cheered the change.
Among Liberal supporters, 69 per cent of respondents had a positive impression of the switch in leaders.
The telephone poll of just over 1,000 Canadians was conducted Dec. 11-14 and is considered accurate within 3.1 percentage points 19 times in 20.
ZERO -- does this make sense?
The US Fed's key interest rate range has been set at between zero (!) and a quarter percent.
In a single stroke, the Fed in effect eliminated the cost of borrowing money between banks overnight. It promised that US rates would stay at or near zero for the foreseeable future. At the same time new, unprecedented measures to stimulate the economy, pouring cash into almost every crevice of the financial system and massively expanding its own balance sheet.
The key interest rate is an interbank rate and not the same as prime but it will certainly impact consumer lending rates.
In effect the US government is saying to savers, don't bank your money because you'll get nothing for it -- spend the money you have.
The trouble is the economy got the way it is, in part, because there was a housing bubble. Low low mortgage rates and a vast inventory of homes for sale will encourage lending to people who can manage payments only so long as these remarkable circumstances prevail -- another bubble and more of the same.
Maybe in this country we should look for a short term stimulus package and a long term, sustainable, economic program.
Tuesday, December 16, 2008
Senate reform
Sitting in the faculty lounge I noticed a copy of R. MacGergor Dawson's fine 1949 text "Democratic Government in Canada".
Curious about what he said about the Senate I re-read the brief chapter. It outlined the problems of patronage appointments and the lack of respect the Senate had. He explained how the Senate was established to protect provincial rights but had failed in that task. He concluded by saying Senate reform was hard because too many vested interests supported its current form. The opposition often said it would reform the Senate but once in power found it convenient as a 'reward for duty faithfully performed'.
He closed by saying:
"The Senate will in all likelihood continue to exist as at present constituted for many years to come, not because of any high esteem in which it is held, but largely because if its undoubted convenience to the dominant political party and the general indifference of the Canadian people".
Sixty years since the words were written and they remain cutting edge today.
Will the Senate remain, unchanged, in 2068?
Curious about what he said about the Senate I re-read the brief chapter. It outlined the problems of patronage appointments and the lack of respect the Senate had. He explained how the Senate was established to protect provincial rights but had failed in that task. He concluded by saying Senate reform was hard because too many vested interests supported its current form. The opposition often said it would reform the Senate but once in power found it convenient as a 'reward for duty faithfully performed'.
He closed by saying:
"The Senate will in all likelihood continue to exist as at present constituted for many years to come, not because of any high esteem in which it is held, but largely because if its undoubted convenience to the dominant political party and the general indifference of the Canadian people".
Sixty years since the words were written and they remain cutting edge today.
Will the Senate remain, unchanged, in 2068?
Court of Appeal jurisdiction to conduct bail review
Section 520(1) of the Criminal Code provides:
If a justice … makes an order under subsection 515(2), (5), (6), (7), (8) or (12) … the accused may, at any time before the trial of the charge, apply to a judge for a review of the order. [Emphasis added]
Section 493 of the Code defines “judge” as “in the
As a result a bail review may be conducted by either a Superior Court judge or a judge of the Court of Appeal.
Today’s decision in R. v. Durrani, 2008 ONCA 856 upholds a longstanding practice of the Court of Appeal to refuse to consider such bail reviews except in special circumstances.
The Court holds:
[18] The question raised by this appeal is whether, in a clear concurrent jurisdiction situation, the Court of Appeal should exercise or decline its jurisdiction to hear a bail review application in the circumstances of this case.
[19] Historically, most courts of appeal in
While there is concurrent jurisdiction under ss. 520 and 521 in two levels of court in most provinces, the overwhelming majority of bail reviews are heard in the
…
[22] In the provinces where courts of appeal decline to exercise their concurrent jurisdiction to conduct bail reviews under s. 520 of the Code absent special circumstances, what constitutes special circumstances has been defined quite narrowly. Some examples of special circumstances include: where there has been a substantial period of delay due to the absence of a transcript from the bail review, the superior court judge refused to proceed without the transcript, and it is essential and urgent that the matter be dealt with (R. v. Carrier 51 (1979), C.C.C. (2d) 307 cited in Mallett); where no superior court judge is readily available (Mallett); and where two superior court judges on two bail applications applied differing interpretations of s. 515 of the Code and the case law (Smith). Of course, none of these exceptions applies in the present case. In his submissions, the applicant raises a number of arguments in order to overcome this problem.
…
[32] I make one final observation. In my view, there are strong policy and practical reasons for adopting the ‘special circumstance’ overlay to the concurrent jurisdiction set out in s. 520 of the Code. First, if evidence is to be heard at the bail review, the Superior Court is better positioned to hear the review; it has the facilities, staff and mechanisms to respond to this necessity: see Petrie, Seminick, and R. v. Ranger (2003), 180 O.A.C. 138 (On. C.A)(Feldman J.A. in Chambers).
[33] Second, there are many other provisions in the Criminal Code that confer concurrent jurisdiction on a court of appeal as a “superior court of criminal jurisdiction”, but an appellate court would rarely, if ever, exercise those powers for practical and policy reasons: see, for example, ss. 184.2, 184.3, 185, 186, 187, 188 and 196 (wiretaps); s. 258 (release of blood samples for testing); ss. 468 and 470 (trying indictable offences); s. 488.1 (examination of seized solicitor-client privileged documents; s. 490 (retention orders in relation to items seized); s. 490.2 (forfeiture of offence related property); and s. 699 (insurance of out-of-province subpoena).
[34] I conclude that, absent special circumstances, courts of appeal should deal with bail pending appeal and superior courts should deal with bail prior to and during a trial. The applicant has not established special circumstances to justify the intervention of this court in his case.
Jump, splash
The sad loss of the new cubs hasn't put too much of a damper on Flocke's daily routine ... .
Madoff fraud continues to worsen
Madoff’s Records ‘Utterly Unreliable,’
Dec. 16 (Bloomberg) -- Bernard Madoff’s financial records were “utterly unreliable” and will take six months to sort out, said Stephen Harbeck, president of the Securities Investor Protection Corp.
“There are some assets, but I have no idea what the relationships of the assets available are to the claims against them,” Harbeck said on Bloomberg Television. “The records are utterly unreliable on this case.”
His comments came as Bank Medici AG of Austria became the latest lender to reveal a loss from Madoff’s alleged $50 billion fraud. Two funds at the Viennese bank, 75 percent owned by Chairman Sonja Kohn, invested $2.1 billion entirely in Madoff’s firm, the bank said today. It joined institutions and wealthy individuals from Tokyo to Paris. New York’s Yeshiva University said it lost $110 million, mostly through hedge funds controlled by trustee J. Ezra Merkin.
U.S. Senate Banking Committee Chairman Christopher Dodd, meantime, told the Securities and Exchange Commission to explain how it failed to detect the “giant Ponzi scheme.”
Dodd, a Connecticut Democrat, “is seeking more information from the SEC about this case,” Kate Szostak, the senator’s spokeswoman, said in a statement late yesterday. “Senator Dodd is concerned not only about the people caught up in this reported scheme who may have been misled, but how such a massive fraud could have gone undetected.”
Brampton Courthouse at dawn
This huge courthouse was built to accomodate the growing community west of Toronto. Although very large the courthouse was almost immediately too small to handle all the cases it had. Nevertheless, and while it's not very Christmasy, it's a good solid modern courthouse -- Canada needs many more like it.
Human rights court says U.K. DNA database violates rights
Europe's top human rights court said Britain violated the privacy of two
people by storing their DNA profiles, even though they had not been
convicted of a crime.
In a landmark unanimous decision issued Thursday, the European Court of
Human Rights in Strasbourg, France, said "blanket and indiscriminate" lifetime retention of DNA samples from people suspected but not convicted of offences "failed to strike a fair balance between the competing public and private interests."
"The retention in question constituted a disproportionate interference
with the applicants' right to respect for private life and could not be regarded as necessary in a democratic society," the ruling body said in its judgment.
The right to a private life is a protection afforded under the Human Rights Convention, to which Britain is a signatory.
The ruling threatens to undermine Britain's DNA database, which includes
data on over four million people, or more than 5.4 per cent of the U.K.'s population. About 850,000 of the people whose genetic information is stored on the database were charged with recordable" offences carrying potential prison sentences, but were not convicted and do not have criminal records.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
people by storing their DNA profiles, even though they had not been
convicted of a crime.
In a landmark unanimous decision issued Thursday, the European Court of
Human Rights in Strasbourg, France, said "blanket and indiscriminate" lifetime retention of DNA samples from people suspected but not convicted of offences "failed to strike a fair balance between the competing public and private interests."
"The retention in question constituted a disproportionate interference
with the applicants' right to respect for private life and could not be regarded as necessary in a democratic society," the ruling body said in its judgment.
The right to a private life is a protection afforded under the Human Rights Convention, to which Britain is a signatory.
The ruling threatens to undermine Britain's DNA database, which includes
data on over four million people, or more than 5.4 per cent of the U.K.'s population. About 850,000 of the people whose genetic information is stored on the database were charged with recordable" offences carrying potential prison sentences, but were not convicted and do not have criminal records.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Comments on self represented parties
I received some comments and emails about my post suggesting that it is foolish for parties to represent themselves.
Most of the responses said self represented parties can do a good job and lawyers don't always get good results.
Truth and I acknowledge same.
Some self represented parties get remarkable results -- look at Sheldon Blank in the Supreme Court of Canada.
And certainly lawyers are not perfect and get things mixed up sometimes.
But all that said, I still say, self represented parties generally don't have a good handle on the law or a sense of what will fly or not.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Harper's throne not so secure?
Interesting post in the Star but the rumors I am hearing are a little different.
My sources, who are, granted, Red Tories and were never happy with Harper, tell me there is a significant movement to replace Harper before the next election.
My sources, who are, granted, Red Tories and were never happy with Harper, tell me there is a significant movement to replace Harper before the next election.
Apparently the Conservatives who want power are furious at the close call (which isn't over yet) caused by a mindless political gambit.
They believe Dion fumbled to ball but see that Harper has united the Liberals behind a dangerous leader and their hold on power is shaky.
Conservatives who want a social conservative agenda have seen really nothing but bafflegab and are worried now that they agreed to wait until a majority and the majority won't happen -- so they want to act now on same sex marriage etc.
Finally, the Red Tories (those who are still there) want John Tory to run and replace Harper.
So... maybe the Party isn't quite so forgiving ...
Harper lucky to lead forgiving party
The Toronto Star
Tuesday, December 16, 2008
Page: AA08
Section: Opinion
Byline: James Travers
Source: Toronto Star
Stephen Harper is a most fortunate Prime Minister. It's not just that Liberals gave him scandal and then Stephane Dion or even that Giuliano Zaccardelli, then RCMP commissioner, waded into the 2006 campaign at precisely the right moment, tipping the election to the Conservatives. It's also that Harper loyalists gamely play follow the leader.
Even if there isn't total forgetfulness in Conservative hearts, there's adequate forgiveness in their ballots.
While Liberals let disappointment with Dion keep them home on election day, Conservatives queued to vote for a government not quite as advertised.
True, the Prime Minister delivered on the letter, if not always the spirit, of priority 2006 campaign promises. He twice cut the GST, wrote cheques to parents, passed a diluted Accountability Act, poked pinholes in the overinflated crime balloon and mucked around in the quagmire of patient wait times.
Equally pleasing, the Prime Minister is still changing the Liberal pink hue that makes deep blue Conservatives see red. His administration rarely misses a chance to beat the drum and wave the flag or an opportunity to trim the arts, justice and social programs considered a nanny-state affront to honest, hard- working Canadians who apparently only vote Conservative.
That either satiates supporters or they are Gandhi patient. Nearly three years after ending more than a decade of Liberal rule, Conservatives haven't done much about those things that first lit the fire in Reform bellies. A long- gun registry that did as much to distance rural voters from Liberals as the National Energy Program did to alienate the West still lingers, even if it increasingly fires blanks. Fiscal prudence, the culture Preston Manning lugged east to Ottawa, went the dodo way of the $12 billion inherited surplus, the no- deficits-ever mantra, and the commitment to shift power back to Parliament from the Prime Minister's Office, known here as "the centre."
If those are this government's open wounds, the salt is imminent Senate appointments and the surfacing of Ian Brodie, until July the Prime Minister's right hand man, as a lobbyist at Hill and Knowlton. Along with a long climb down from the high ground, those developments share the peculiar, resilient national capital trait of reverse metamorphosis. Once votes are counted, prime ministers and those around them regress from butterflies to caterpillars.
When others were at the federal groaning board, Conservatives made gains by legitimately savaging Liberal entitlements as well as the party's way of taking care of insiders while taking care of national business. Now that it's their turn, the ruling party is answering the siren song of situational ethics.
Stuffing the Senate, a revised tactic Harper unveiled hours after securing a second minority mandate, responds to a threat that didn't exist in October: a Liberal-NDP coalition now on life-support. And Brodie, an academic before putting hand to government levers, won't be lobbying directly; he will be advising the firm's lobbyists.
Illusion and delusion are the smoke-and-mirrors of federal politics. Fooling enough of the people enough of the time is essential to taking and holding power. Or, as an Ottawa veteran made wise by scars once put it, principles are like gas; you hold them as long as you can and then let them go as quietly as you can.
It's the Prime Minister's good luck to have supporters oblivious to the smell of hypocrisy, or too polite to mention it.
Prime Minister recognizes the crisis
It seems the Prime Minister now acknowledges there is an economic crisis. He says we will see a significant stimulus package in his proposed budget and there will be a deficit, perhaps a large one.
Leaving aside the obvious question of where this new found knowledge came from -- wasn't it a month ago we were hearing something different? -- there is now some real hope that a serious budget may be offered and an election avoided.
The bad economic choices already made -- most obviously the GST cut -- are done so we have to work with what we have. (Didn't the Conservatives read the Bible story of Joseph? Or at least watch the musical? Seven fat years etc etc). If the Conservatives offer a genuinely productive budget it will get support in the House.
Monday, December 15, 2008
What a difference
Tonight's Laurier Club meeting had all three leadership candidates speak, in a unified voice, in support of the re invigorated Liberal Party. There was a sense of excitement and drama.
Michael Ignateiff gave a fine speech emphasizing how much work there is to be done. Borrowing phrases from the Bible he spoke of rebuilding the Party in every Riding across the Country.
The sense is that the Conservatives, having seen failure, will back away and deliver a budget that all Parties can support. If so we likely won't see an election until the fall or maybe early 2010.
David Radler released
He's out on full parole. And Conrad Black stays behind bars. And the shareholders have near worthless paper.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Self represented parties
The old line, a lawyer who represents himself has a fool for a client has a lot of truth.
I frequently meet people who, for good or bad reasons, act for themselves in court. Almost always this leads to disaster. There are serious issues of distance -- it's hard to be objective about your own case -- but more non lawyers don't have a "feel" for the law.
What do I mean by that?
Well, there are arguments and positions that seem plausible, and may have some statute or case law to back them us, but which are simply hopeless. But self represented parties, seeing the arguments and being blinded by their emotions, argue cases and lose and are often thereby ruined.
What can be done? Perhaps not much -- if the self represented is acting because of a lack of money then perhaps a better legal aid system could help. If, by contrast, and as is common enough, the party is self represented because of a belief they are better than any lawyer there is no hope.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
I frequently meet people who, for good or bad reasons, act for themselves in court. Almost always this leads to disaster. There are serious issues of distance -- it's hard to be objective about your own case -- but more non lawyers don't have a "feel" for the law.
What do I mean by that?
Well, there are arguments and positions that seem plausible, and may have some statute or case law to back them us, but which are simply hopeless. But self represented parties, seeing the arguments and being blinded by their emotions, argue cases and lose and are often thereby ruined.
What can be done? Perhaps not much -- if the self represented is acting because of a lack of money then perhaps a better legal aid system could help. If, by contrast, and as is common enough, the party is self represented because of a belief they are better than any lawyer there is no hope.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Wallace and Keays -- The Court of Appeal does not decide
A critical issue in employment law is what effect the Supreme Court of Canada's decision in Keays v. Honda Canada Inc. (2008), 294 D.L.R. (4th) 577 has with respect to damages for bad faith during, and at the termination of, employment.
Does Keays extend the potential damage award so that, in bad faith cases, there is no Bardel damage limit (yes, a month a year has not been accepted by the Courts but it's practically there) or does Keays wipe out Wallace damages except in the most extreme cases? The Court of Appeal has declined to rule on this point several times.
Again today, in McNevan v. AmeriCredit Corp., 2008 ONCA 846, the Court has not interpreted Keays except very inferentially.
The Court did examine the trial decision at length expressly in terms of Wallace. Perhaps that suggests that Wallace still governs, albeit as refined by Keays? The question is open.
The Court held:
After oral argument and while this decision was still under reserve, the Supreme Court of Canada released its decision in Keays. The court altered the approach to bad faith damages holding, at para. 59, that "in cases where damages are awarded, no extension of the notice period is to be used to determine the proper amount to be paid." Rather, bad faith damages are to be compensatory based upon actual damages the employee suffers.
[63] At this court's request, counsel made further written submissions based upon Keays. In their submissions, the parties were divided as to whether this court should consider Keays and the legal propositions it stands for. I need not resolve that debate due to my conclusion that the record does not support a finding that AmeriCredit acted in bad faith in its dismissal of McNevan. There can no justification for an extended notice period under Wallace, or a separate damage award under Keays, without a finding of bad faith.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Does Keays extend the potential damage award so that, in bad faith cases, there is no Bardel damage limit (yes, a month a year has not been accepted by the Courts but it's practically there) or does Keays wipe out Wallace damages except in the most extreme cases? The Court of Appeal has declined to rule on this point several times.
Again today, in McNevan v. AmeriCredit Corp., 2008 ONCA 846, the Court has not interpreted Keays except very inferentially.
The Court did examine the trial decision at length expressly in terms of Wallace. Perhaps that suggests that Wallace still governs, albeit as refined by Keays? The question is open.
The Court held:
After oral argument and while this decision was still under reserve, the Supreme Court of Canada released its decision in Keays. The court altered the approach to bad faith damages holding, at para. 59, that "in cases where damages are awarded, no extension of the notice period is to be used to determine the proper amount to be paid." Rather, bad faith damages are to be compensatory based upon actual damages the employee suffers.
[63] At this court's request, counsel made further written submissions based upon Keays. In their submissions, the parties were divided as to whether this court should consider Keays and the legal propositions it stands for. I need not resolve that debate due to my conclusion that the record does not support a finding that AmeriCredit acted in bad faith in its dismissal of McNevan. There can no justification for an extended notice period under Wallace, or a separate damage award under Keays, without a finding of bad faith.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Budget meetings
I think the chances of the government falling in January are falling faster than house prices in Vegas.
Liberals critics emerge from Flaherty budget meeting saying talks were productive
TORONTO - Two senior Liberals emerged from a pre-budget meeting with Finance Minister Jim Flaherty in Toronto today saying their talks were productive and business-like.
Scott Brison and John McCallum say they impressed on Flaherty the need to understand the state of the country's books.
They say only then can they discuss a stimulus package to breathe life into the economy.
Liberals critics emerge from Flaherty budget meeting saying talks were productive
TORONTO - Two senior Liberals emerged from a pre-budget meeting with Finance Minister Jim Flaherty in Toronto today saying their talks were productive and business-like.
Scott Brison and John McCallum say they impressed on Flaherty the need to understand the state of the country's books.
They say only then can they discuss a stimulus package to breathe life into the economy.
Largest fraud ever?
This is an astonishing story that just gets worse -- $50B!!! This may well be the largest fraud in history.
Madoff millions vanish into thin air
| By Robert Plummer
Business reporter, BBC News |
Wall Street denizen and alleged mega-fraudster Bernard Madoff began his financial career at the age of 22 with just $5,000.
 Mr Madoff's whole legacy has been destroyed, say investors |
Now, after nearly half a century of trading, his reputation is in ruins, as he faces allegations that his entire business was nothing more than a $50bn (£33bn) scheme to dupe investors.
With his alleged victims asking why US regulators failed to query what was going on, it seems that the way in which Mr Madoff operated was key to the success of his venture.
While those who knew him describe him as "affable" and "high-profile, but not in a loud way", he went to great lengths to cultivate an aura of exclusivity.
Full story:
Sunday, December 14, 2008
What to do if a bat enters a home
Although rare in the winter, bats do, on occasion, enter homes used by humans. Bats are, in Canada, generally protected and ought not to be injured or killed without permit. As a result their removal can be problematic. Since bats can carry rabies and other diseases care must be used at all times.
a) Locating the bat:
Once the bat has landed it is hard to locate. A bat in a room will fly around for up to half an hour but will eventually land, often on a curtain or wall hanging. Restrict its flight to one room. Open
windows (or an external door) because the bat may find its own way out, but watch carefully. If it does not escape see where it lands. Once it has landed do not disturb it for at least 5 minutes
and then it will become torpid and easily approached. If the bat is known to be in a room but its location is unknown firstly check the curtains or similar hangings on both sides, then the corners of the room at ceiling height, then the floor. Other
places to check would be light fittings, behind pictures, on the sides of soft furniture and behind furniture against a wall. A grounded bat may only be the size of a matchbox and is often stationary so the search has to be careful and thorough. Bats can easily escape under closed doors if there is a 15mm gap.
b) After locating the bat:
Using a gloved hand carefully pick up the bat (if it is hanging up, lift it upwards to unhook the feet), take it outside and hang it up on a wall at head height or above. Alternatively cover the bat with a box and urge it in carefully with a piece of paper or card, then take the box outside and leave it open on a high surface for the bat to escape (not at ground level).
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
a) Locating the bat:
Once the bat has landed it is hard to locate. A bat in a room will fly around for up to half an hour but will eventually land, often on a curtain or wall hanging. Restrict its flight to one room. Open
windows (or an external door) because the bat may find its own way out, but watch carefully. If it does not escape see where it lands. Once it has landed do not disturb it for at least 5 minutes
and then it will become torpid and easily approached. If the bat is known to be in a room but its location is unknown firstly check the curtains or similar hangings on both sides, then the corners of the room at ceiling height, then the floor. Other
places to check would be light fittings, behind pictures, on the sides of soft furniture and behind furniture against a wall. A grounded bat may only be the size of a matchbox and is often stationary so the search has to be careful and thorough. Bats can easily escape under closed doors if there is a 15mm gap.
b) After locating the bat:
Using a gloved hand carefully pick up the bat (if it is hanging up, lift it upwards to unhook the feet), take it outside and hang it up on a wall at head height or above. Alternatively cover the bat with a box and urge it in carefully with a piece of paper or card, then take the box outside and leave it open on a high surface for the bat to escape (not at ground level).
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Teutonic Knights
Searchers find remains of grand masters of the Order of Teutonic Knights
THE ASSOCIATED PRESS
WARSAW, Poland - Polish archeologists believe silk-draped skeletons found in a cathedral crypt are the 600-year-old remains of three grand masters of the Teutonic Knights.
An archeologist says DNA testing was done on the skeleton remains of the three in the city of Kwidzyn - the Teutonic fortress of Marienwerder in the Middle Ages.
He says the tests indicate the remains are those of Werner von Orseln, the knights' leader from 1324 to 1330; Ludolf Koenig, who ruled from 1342 to 1345, and Heinrich von Plauen, who reigned from 1410 to 1413.
Bogumil Wisniewski, the archeologist who spearheaded the search, tells The Associated Press that researchers are 95 to 96 per cent sure it is them.
He says the skeletons, found in wooden coffins, were draped in silks - some painted with gold - a fabric reserved only to those highest in power in the Middle Ages.
DNA tests matched their age to that of the death age of the three grand masters. They also revealed temporary malnutrition in one of the skeletons that could match the 10-year imprisonment of von Plauen.
Wisniewski acknowledged he could only be completely certain of the identities "if I met each face-to-face and he told me his name."
But he said several other indicators supported the find, including wall paintings in the cathedral showing the three grand masters and historic documents saying that von Orseln and Koenig were buried there. The order ruled in the area until early 16th century.
Sad news from Germany
The second twin of Vera has died. Flocke is once again alone. Perhaps it was too soon for Vera to have more cubs -- either way it is a traumatic experience for her and very sad.
US ambassador slams Mugabe regime
Zimbabwe will not be free until Mugabe is gone.
HARARE (AFP) — United States Ambassador to Zimbabwe James McGee said Sunday Robert Mugabe's regime had failed the nation, as Washington prepared to urge the UN to turn up the heat on the veteran leader.
Mugabe is under fresh pressure to step down as the poverty-stricken nation battles a cholera epidemic that has swamped the country. The political deadlock between Mugabe and the opposition over a unity government meanwhile appears no closer to being resolved. Writing in South Africa's Sunday Times newspaper, McGee slammed Mugabe's regime for failing to meet its most basic obligation and care for its people while the international community propped up the nation with aid.
http://www.google.com/hostednews/afp/article/ALeqM5j1r07rx9jpFtRtdi-75o8_MeMLcw
HARARE (AFP) — United States Ambassador to Zimbabwe James McGee said Sunday Robert Mugabe's regime had failed the nation, as Washington prepared to urge the UN to turn up the heat on the veteran leader.
Mugabe is under fresh pressure to step down as the poverty-stricken nation battles a cholera epidemic that has swamped the country. The political deadlock between Mugabe and the opposition over a unity government meanwhile appears no closer to being resolved. Writing in South Africa's Sunday Times newspaper, McGee slammed Mugabe's regime for failing to meet its most basic obligation and care for its people while the international community propped up the nation with aid.
http://www.google.com/hostednews/afp/article/ALeqM5j1r07rx9jpFtRtdi-75o8_MeMLcw
Coalition thoughts
The coalition does not have a lot of traction among voters. That said, as a club to keep the Conservatives in line, the coalition is very useful.
In fact, what might be very productive could be to maintain the coalition but not necessarily to bring down the government. The Liberal/NDP alliance could review, together, the Conservative budget. If the budget is satisfactory, the coalition could support it, as a coalition.
If not then the coalition could defeat the government and try to form a government.
Layton says he understands Ignatieff's caution on coalition 1 hour ago OTTAWA — NDP Leader Jack Layton says he understands why new Liberal chief Michael Ignatieff is being cautious about toppling Stephen Harper when Parliament resumes next month.
Layton told CTV's "Question Period" it's reasonable for Ignatieff to want to assess the situation and see what Harper's Conservatives will offer in a budget promised for Jan. 27.
Ignatieff, who will formally take over the Liberal leadership this week, has said he's ready to vote non-confidence in the Tories if he has to. But he's also said he won't make any final decisions until he sees the budget. That has prompted speculation he could pull out of the deal negotiated by predecessor Stephane Dion to bring down the Tories and install a Liberal-NDP coalition cabinet propped up by the Bloc Quebecois.
Layton insisted the coalition remains a realistic alternative government, and said he's not optimistic Harper can deliver a budget that will win the confidence of the opposition parties.
But the NDP leader tempered his remarks by saying this is "the season of miracles" and he can't rule out the possibility Harper will pull one off.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
In fact, what might be very productive could be to maintain the coalition but not necessarily to bring down the government. The Liberal/NDP alliance could review, together, the Conservative budget. If the budget is satisfactory, the coalition could support it, as a coalition.
If not then the coalition could defeat the government and try to form a government.
Layton says he understands Ignatieff's caution on coalition 1 hour ago OTTAWA — NDP Leader Jack Layton says he understands why new Liberal chief Michael Ignatieff is being cautious about toppling Stephen Harper when Parliament resumes next month.
Layton told CTV's "Question Period" it's reasonable for Ignatieff to want to assess the situation and see what Harper's Conservatives will offer in a budget promised for Jan. 27.
Ignatieff, who will formally take over the Liberal leadership this week, has said he's ready to vote non-confidence in the Tories if he has to. But he's also said he won't make any final decisions until he sees the budget. That has prompted speculation he could pull out of the deal negotiated by predecessor Stephane Dion to bring down the Tories and install a Liberal-NDP coalition cabinet propped up by the Bloc Quebecois.
Layton insisted the coalition remains a realistic alternative government, and said he's not optimistic Harper can deliver a budget that will win the confidence of the opposition parties.
But the NDP leader tempered his remarks by saying this is "the season of miracles" and he can't rule out the possibility Harper will pull one off.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Recent major frauds
So long as airplane crashes are front page news flying is safe.
The unusual, the extreme and the strange makes news -- if it bleeds it leads.
And it is in that light we best consider the recent, huge, investor frauds. The frauds, oddly perhaps, despite their size are actually fairly simple. The first was a forged bond sale and the second a Ponzi scheme.
In both cases the very size of the scheme made it seem impossible to be a fraud. The fraudsters were highly respected professionals in well established businesses.
What's more, the returns offered were good but not silly. (In fact, the closest I was to being defrauded of a sizable amount came from a fraud where I was offered a very ordinary rate of return). The failure to offer absurd returns made the fraud far more plausible.
Anyway, so long as such frauds are front page news we can rest assured that frauds like these are rare.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Indian navy captures 23 pirates in Gulf of Aden
It's hard to believe that piracy is a big issue today but it is. Much of the problem comes from the failed state of Somalia. Ahmed Hussein has written a series of good articles on this in the Ottawa Citizen, available online.
Matthias Williams, Reuters
NEW DELHI -- Indian naval forces came to the rescue of a merchant vessel under attack by pirates in the Gulf of Aden on Saturday, capturing 23 of the raiders, India said.India's INS Mysore and its armed helicopter were on anti-piracy patrol when they received a distress call from the Ethiopian-flagged MV Gibe saying two boats were closing in and firing, a Defence Ministry statement said."On sighting the helicopter and Mysore, the boats disengaged from MV Gibe and attempted escape. Mysore closed the vessels and ordered them to stop."Indian commandos boarded the larger pirate boat, seizing 12 Somali and 11 Yemeni nationals as well as arms and equipment, the statement said.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Matthias Williams, Reuters
NEW DELHI -- Indian naval forces came to the rescue of a merchant vessel under attack by pirates in the Gulf of Aden on Saturday, capturing 23 of the raiders, India said.India's INS Mysore and its armed helicopter were on anti-piracy patrol when they received a distress call from the Ethiopian-flagged MV Gibe saying two boats were closing in and firing, a Defence Ministry statement said."On sighting the helicopter and Mysore, the boats disengaged from MV Gibe and attempted escape. Mysore closed the vessels and ordered them to stop."Indian commandos boarded the larger pirate boat, seizing 12 Somali and 11 Yemeni nationals as well as arms and equipment, the statement said.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Bomb kills three Canadian soldiers
All the more reason to employ the helicopters.
KANDAHAR AIRFIELD -- Three Canadian soldiers were killed Saturday morning when a roadside bomb exploded near their armoured vehicle while on patrol west of Kandahar City in the Arghandab district of southern Kandahar province.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
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