Background: F.A. worked in a medical facility with a much younger female co-worker. There was flirting between them. They went out together one evening, meeting up in a park and later driving around in F.A.’s car. He said he had a surprise for her at the office so they parked close by. Instead of going […]
F.A.’s Case: Criminal Law, Appeals, Sexual Assault and Ineffective Assistance of Counsel Read More »
Background: Patrizia was driving to work early on a snowy morning in April. The roads in Milton were snow covered and slippery. Weather forecasts from the day before predicted an 80% chance of snow, yet the Town of Milton had not scheduled an evening patrol to monitor the roads and clear the snow. Tragically, as
Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards Read More »
Background: Lucia resides in Ontario with her family, and was involved in a car accident in Michigan. She brought suit in the Ontario Superior Court of Justice against the driver and owner of the vehicle, as well as her own insurer given that the Michigan defendants claimed the accident was caused by an unknown vehicle.
Lucia’s Case: Appeal, Civil Litigation, Jurisdiction and Forum non Conveniens Read More »
Background Omer had been working for Air Canada for ten years, doing a job he loved as an airline mechanic, when the company claimed he had abandoned the job. Following an altercation with a co-worker, Omer was off work suffering from depression. Both he and the co-worker had been suspended, but Omer considered this was
Omer’s Case: Labour Law, Wrongful Dismissal and Duty to Accommodate Read More »
Liability for criminal conduct requires an intent to cause harm. An important question in criminal law is the degree to which lesser states than actual knowledge can form the basis for a criminal conviction. In the decision of the Supreme Court of Canada in R. v. Briscoe, 2010 SCC 13 released today, the Court makes
What is Wilful Blindness? Read More »
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
The Scope of Expert Evidence Read More »
Trial lawyers are constantly searching for those elusive qualities of clients and witnesses which will capture the attention of the Court and result in favourable treatment by a judge or jury. Opinions on the subject are frequently based on little more than gut reactions. In the recent case of Catholic Children’s Aid Society of Toronto
The Qualities of a Good Witness Read More »
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
Bringing the Administration of Justice Into Disrepute Read More »
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
Trial Within A Reasonable Time Read More »
There is an interesting decision reported in the most recent edition of the Ontario Reports, a weekly journal with important decisions from Ontario Courts. The case involved a conviction for money laundering by a lawyer and an appeal of the conviction and three year sentence. The lawyer, Simon Rosenfeld, was caught red handed when he
