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September 9, 2009

The Scope of Expert Evidence

In an interesting decision, the Court of Appeal for Ontario took the unusual step of overturning an acquittal by a jury on a charge of first degree murder. The decision in R. v. Abbey, 2009 ONCA 624, is noteworthy for the extended analysis by Mr. Justice David Doherty on the scope of expert evidence, in...

July 21, 2009

Bringing the Administration of Justice Into Disrepute

On July 17, 2009, the Supreme Court of Canada released four decisions on the important  question of the circumstances in which evidence obtained by the police in a manner contrary to the Charter of Rights should be excluded from consideration at trial. Section 24(2) of the Charter states “Where, in proceedings under subsection (1), a...

July 17, 2009

Trial Within A Reasonable Time

Section 11(b) of the Charter of Rights and Freedoms guarantees to any person charged with an offence the right “to be tried within a reasonable time.” What is reasonable is left to the Courts to decide in the circumstances of individual cases. There are guidelines. The Supreme Court of Canada has said that, for less...

June 25, 2009

The Pickton Appeal

The British Columbia Court of Appeal today released its decision on the appeal of Robert Pickton’s conviction in the gruesome mass murder case involving six women. At trial, the Crown Attorney had argued strenuously that Pickton was solely responsible for the murders, but after six days of deliberations the jury asked the judge to answer...

May 20, 2009

Car Accidents in the United States and Legal Actions in Ontario

On May 14, 2009, the Court of Appeal for Ontario released a decision in a case that I was involved in on behalf of the plaintiffs. The decision, Silvestri v. Hardy, 2009 ONCA 400, concerned an action brought in Ontario as result of a car accident in Michigan. The plaintiff resides in Hamilton and has...