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November 12, 2014

Damages and Wrongful Convictions

Tomorrow, the Supreme Court of Canada will hear oral arguments in a case that has the potential to make new law in the way that courts review the conduct of Crown Attorneys, and in the way that courts deal with claims for damages for wrongful convictions. The case involves Ivan Henry, convicted of sexual assaults...

November 7, 2014

Jan Wong and The Globe and Mail

In a decision released November 3, 2014, the Divisional Court dismissed a proposed application for judicial review brought by journalist Jan Wong in a case against The Globe and Mail. The case highlights several important aspects of our legal system that are worth commenting on. First, the context. Ms. Wong had been a reporter at...

November 4, 2014

Determining Credibility in Cases of Sexual Assault

The events of the past week involving Jian Ghomeshi have highlighted the difficult issue of sexual assault. These cases often turn on credibility, and this is especially the case where there is no corroborating evidence. With the large number of cases that come before the courts, general principles have been formulated that are designed to...

November 1, 2014

An Analysis of Jian Ghomeshi’s Statement of Claim

With the dizzying events of the past week, it seems worthwhile to revisit Jian Ghomeshi’s statement of claim, since it contains the most detailed account of his dealings with the CBC and advances his legal theory in response to the termination of his employment. Para. 6: Mr. Ghomeshi states the CBC misused personal information “provided...

October 30, 2014

Considerations for the Canadian Media Guild

Yesterday, I posted about the CBC/Canadian Media Guild collective agreement and how in my view it precludes Jian Ghomeshi’s lawsuit from proceeding in court. Mr. Ghomeshi’s remedy for the termination of his employment rests with the grievance process provided for in the collective agreement. As a Union member, Mr. Ghomeshi’s interests in the grievance process...