Skip to main content

Posts

Warren A. Lyon took this photo! Send your question to the android using the portal above.

Warren A. Lyon  took this photo!  Send your question to the android using the portal above.
/Our Android answers: $80.00. Our Android is happy to assist; with home work. His name is Buenosio.

Angel Ronan LEx Scripta(TM) Service. Call today.

Angel Ronan  LEx Scripta(TM)  Service.  Call today.
New Address: DEV Hub for all meetings at Spadina, Toronto.

Angel Ronan(TM) LEx Scripta Service. Call today so we can answer your question.

Angel Ronan(TM)  LEx Scripta  Service.  Call today so we can answer your question.
Warren A. Lyon in this photo; Litigator, Consultant.

Did you know Diplock once said "..It is written; thou shalt not break any rules of professional practice or any rules of administrative law or any rules concerning due process as a lawyer in relating to or communicating to another lawyer in any forum, court or tribunal. It would be the unraveling of Judaic law for which everyone has fought and died several times in the 20th Century"?

Is there a duty of care?

1. Is there a Duty of care? - 2. Is there a Breach of that duty? - 3.Is there harm suffered as a result of that breach? - 4. Is there an existing line of cases to be applied in the fact scenario such as Dorset Yacht? - 5. If yes, then apply the jurisprudence for that particular scenario and tortious injury? - 6. If there are no line of cases, then ask whether there is sufficient proximity between the alleged             victim and alleged tort feasor to apply a duty of care.  Ask using an objective test, whether the             reasonable man should have had the alleged victim in his contemplation.   - 7. If the alleged tort feasor should have had the alleged victim in his contemplation according to the reasonable man test,  there is sufficient proximity. - 8. With sufficient proximity, then you can say there is a duty of care and then apply base principles to  the facts as to whether the duty ...

So, you could bring a motion on the basis that there is no case to answer.

So, you could bring a motion on the basis that there is no case to answer in a personal injury case where the facts, according to the pleadings, do not disclose a scenario for which any defendant can be called to answer as a tort feasor.  The plaintiff is entirely responsible for breaking laws that created the scenario that exposed and also led to her injury contrary to the law. She is not a tortious victim.  
With exerpts from the Internet Law Book. Re-Direct Examinations ______________________________________ Re-examination will not take place if a motion for non-suit is brought by the defendant's counsel following cross-examination and the motion is allowed. The motion will brought by the Defendant usually if the Prosecutor failed to identify the accused during Examination in Chief as required.   The judge will always allow the motion if the Prosecutor has failed to deny the accused in court. Any attempts to proceed with re-examination to try and identify the accused during re-examination after the court was made aware of the motion is a nullity and an abuse of process.  The Defence has already brought his motion and does not consent to any re-examination if it is only to attempt to flout or cure with new information what is the subject of the motion as if it is a pac man game and you cannot accept the game is over. The court has rules like a computer game and also ...
According to the Supreme Court of Labadee, when can bail be denied when individuals have a right to reasonable bail?  Even if there is evidence of recidivism, any bail can be fashioned with curfews and conditions to satisfy all of the concerns of the court.  First, you understand that it is a right.  Secondly, you consider the circumstances and whether a surety is available.  If there is no surety available, you could require that individual report to a police station once a day before 12 am or within hours suitable to satisfy his personal schedule since he has to pay a lawyer and may not qualify for legal aid on his $90,000.00 salary as a Oyster transit ticket machine that also works on the big green machine regional transit.  This condition could satisfy any concerns about recidivism since if you are reporting to the police, then you do not have time to go to a bank with your colleagues to say  "test  $500.00"  or "chief  ...

The Ice Cream Truck, the stolen cream and chocolate eggs found in the cream. They looked like Faberge eggs. Do you know Faberge?

By Warren Augustine Lyon. So, there were ten people in an ice cream truck driving around Santos Avenue right near JN street.  They did not know the truck was stolen so they put their hand in the lovely and cool tubs of coconuts and cream and enjoyed the cool, ready surgical nuclear egg devices. The driver was eventually pulled over and  said "..This is rather unusual but don't worry me love!" The occupants tried to escape as they noticed the rather unusual experience of indigestion with cold cream; cold, cold cream and some of the cream had no sugar which was absolutely the best. The driver said the following to the king in the back named Soothi; "I will call you. Then I will smoothie you while I also accuse you."  They ran like clowns only to be arrested and charged with possession of a weapon.  The actus reus is to be in physical possession but being an occupant in a vehicle is not possession.  Are they guilty of an offence?  The answer is no. But, pour...

Contractual nomenclature. Bob and Doug(TM) coffee beans at Bob and Doug(TM) coffee Shops are new trademarks at Angel Ronan.

So, in understanding contract law, it helps to accept hard and fast principles that were designed for the benefit and safety of any  contracting parties. The principles are separate and distinct from the contract.  You must be aware of your bargain since the contract may be to the detriment of your general health.  In most jurisdictions if the terms are of significant detriment and onerous in that they involve the loss of life or property, they must be brought to the immediate attention of the parties expressly in writing and also orally or else the contract is null and void.  This is also true of legislation affecting the lives or livelihood of any individual. You could also spend a lot of time in your obvious intelligence arguing with Judges who thought about these concepts prayerfully while you read an advertisement in the News for an IKEA or MUJI bargain.  You might want to think that the advertisement constitutes an offer to the general public to buy...
A new article will review the use of preparation for commercial law exams and other law exams to demonstrate that law and understanding it in addition to practicing it, is not a bare function of intuition.  Who could pass a law exam on intuition alone?  No one. It takes preparation.  The article will demonstrate that intuition is useful in court when advocating and when addressing everyday situations with colleagues and clients.      

Video Tape Evidence and Employment Arbitration: A discussion-February 12th, 2013

WHAT IS REASONABLE IN THE INVESTIGATIVE PROCESS AND HOW IS THIS DECIDED? AN ARBITRATOR DECIDES EMPLOYER POSSESSED REASONABLE GROUNDS FOR THE COLLECTION OF VIDEOTAPE EVIDENCE. This article was first posted in 2011. It was written in 2009. Following a preliminary motion, an Ontario Arbitrator decided that persistent video surveillance by Greater Essex County District School Board of their aggrieved employee, Mr.Postma, should be admitted as evidence. It was held that the evidence was not only reasonable but relevant to the central issue in dispute before the arbitrator; that being the just cause to terminate Mr. Postma’s employment. The Facts: On May 26th, 2004, Mr. Postma sustained an injury at work. There were no witnesses to the injury or the surrounding circumstances. Different descriptions of the occurrence were provided by Mr. Postma. On the same day, May 26th, Mr. Postma received a note from a doctor at the Lasalle Medical Clinic stating that “ Pt is unfit for work for 1-2 ...

-Crispus Attucks Party, Magna Carta and the Tea Party!!

-Crispus Attucks Party-Tea Party!!- The notion of the Boston Tea Party ( Tea Party movement-in current day) arises from an event in history, when in 1776, there was a revolt at Boston harbour, Massachusetts against high taxes imposed by Britain and the King, George, on tea sent to the American colony. The popular phrase, free at last, free at last, thank God almighty, free at last, was not spoken for the first time by Martin Luther King as first thought. It was uttered first by Crispus Attucks when the American colonialists revolted. In the heat of the struggle with a British army officer, colonialists( some black and some white and some Amerindian) resisted the attacks of the British that day. Just as he was being rifle butted by a British soldier, Crispus cried out the popular refrain ( free at last). Ironically, just before arriving at Boston Square to return seven library books (Montesquieu, Paradise Lost, Plato's Cave Allegory, the Magna Carta, Desiderius Erasmus, Rous...

-Crispus Attucks Party-Tea Party and the Magna Carta!!-

                  -Crispus Attucks Party-Tea Party!!-February 19th, 2011 article. The notion of the Boston Tea Party ( Tea Party movement-in current day) arises from an event in history, when in 1776, there was a revolt at Boston harbour, Massachusetts against high taxes imposed by Britain and the King, George, on tea sent to the American colony. The popular phrase, free at last, free at last, thank God almighty, free at last, was not spoken for the first time by Martin Luther King as first thought. It was uttered first by Crispus Attucks when the American colonialists revolted. In the heat of the struggle with a British army officer, colonialists( some black and some white and some Amerindian) resisted the attacks of the British that day. Just as he was being rifle butted by a British soldier, Crispus cried out the popular refrain ( free at last).  The solider was under orders from a Lord (nicknamed Lord Humungus) who po...