Miller
Continued From Page 5
ing on Hampstead Heath), and
Ontario’s Highway Traffic Act can
apply to a frozen river, when a
snowmobile and a car collide
thereon (Ball v. Donais (1993),
O.C.A. C10164). This universe is
not far from the commonly known
one. You don’t need a spaceship to
get there — and if you did, that
particular ship, as an entity that
moves about regularly, would not
be a structure under Ontario law.
Jadran as a restaurant at its cur-
rent location.”
Well, that was in March. Just
before the holidays a few weeks
back, Letnick put Captain John’s
up for sale. Potential purchasers,
nota bene: If you want to avoid
municipal property taxes, make
her lakeworthy and take her out
for the occasional sail, like the
Royal City Star. The Star, Justice
Pattillo notes, “was operated as a
riverboat casino and was berthed
in New Westminster [B.C.,] on the
Fraser River. Although it was
moored most of the time and con-
nected to services on shore, it did
disconnect and sail regularly for
periods of about an hour each
time.” The B.C. Supreme Court
held that the Star was not a struc-
ture subject to assessment: Star of
Fortune Gaming Management v.
British Columbia, [2002] B.C.J.
No. 1563 (B.C.S.C.) ;
Jeffrey Miller is a writer,
adjunct professor of law and literature in the law faculty of the University of Western Ontario, and a
freelance French-English translator. His latest book is the comic
novel Murder on the Rebound.
We want to hear from you!
Email us at: tlw@lexisnexis.ca ;
Credibility of
witnesses must
be assessed
Inquiry
Continued From Page 2
on the circumstances of Mr.
Dziekanski’s death. Inherently in
that process he must assess credi-
bility of witnesses where evidence
conflicts, and as part of his respon-
sibility to his terms of reference,
make comment on material con-
flicts in the evidence. Further, as
his inquiry is made in the interests
of administration of justice, it
seems to me he is entitled to com-
ment, if comment be warranted,
on the response of public officials
to the events and to his process,
thereby to advance the public
interest of confidence in the
administration of justice.”
She also agreed with both
Braidwood and the Supreme
Court judge that the notices “do
not tread impermissibly into
management or administration of
the RCMP.”
Justices Edward Chiasson and
Harvey Groberman concurred in
her reasons. ;
Reasons: Bentley v. Braidwood, [2009] B.C.J.
No. 2613.
