Date: Sun, 25 Mar 2007 21:20

From: David Cheifetz

Subject: Hunting the Gowk

Hmmm ... 159 words adopting in their entirety the Ontario CA reasons which, traced to their abode, prove somewhat longer. Nonetheless, the 159 words it is, so turmoil is the issue. Your message implies much of the remainder of the Commonwealth are laggards, which also implies potential for turmoil.

I didn't realize I knew of the case until I went back and saw this line in the CA reasons: Greymac 65 OR(2d) 479 at para 70 per Morden JA: "In the absence of binding authority clearly on point it may reasonably be said that the law is what it ought to be". I feel certain that somebody has used that on the ODG since I joined, but I can't find it.

David

-----Original Message-----
From: Lionel Smith
Sent: March 25, 2007 2:51 PM
Subject: Re: ODG: Hunting the Gowk

The relative weighting between impact and shortness will be crucial. If you like tracing (and who doesn't?), the SCC got rid of the rule in Clayton's case in Greymac Trust Co. v. Ontario (Ontario Securities Commission), 1988 CanLII 56, [1988] 2 S.C.R. 172, (1988), 65 O.R. (2d) 479 in only 159 words. Other jurisdictions are still catching up ...

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