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May 7, 2009

Beware of Facebook

It is a fundamental aspect of our civil justice system that parties to a lawsuit are required to make available to their opponent any relevant document relating to the matters in issue in the action. It does not matter if the document helps or hurts the cause, it must be produced. Lawyers, and particularly insurance...

May 5, 2009

A Bad Boss Can Cause a Constructive Dismissal

Stress at work is a serious problem. Google bad bosses and see what comes up. It is not well known however that undue stress caused by inappropriate conduct of the employer can lead to a constructive termination of employment. In other words, the employee may be forced to leave work for the sake of their...

April 30, 2009

A Glimmer of Hope for Employees

On June 27, 2008, the Supreme Court of Canada released its long awaited decision in Keays v. Honda Canada Inc. Mr. Keays had been a long-term employee at Honda who was off sick as a result of chronic fatigue syndrome. Honda was not satisfied with the quality of his doctor’s notes and requested that Mr....

September 26, 2008

New Reverse Onus Law Could Change the Face of the Canadian Criminal Law

The old adage “innocent until proven guilty” could soon become a phrase of the past.  In August, a Montreal Court was scheduled to handle the first criminal case involving the new reverse onus law.  The Reverse Onus law is a recent amendment to the Canadian Criminal Code that went into effect May 2008.  The law...

July 25, 2008

The Role of Mens Rea and Actus Rea in Criminal Law

In the Canadian legal system, there are generally two elements required to prove a crime: the act (actus rea) and the mental state (mens rea). Generally, without proof of these two elements there can be no criminal conviction. However, what may at first seem like a simple equation of two parts, can actually become a...