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Thursday, December 05, 2019 @ 11:47 AM

Liability for unlawful arrest and right to refuse to comply | Sylvie Rodrigue

On Nov. 29, 2019, the Supreme Court of Canada (SCC) rendered its decision in Kosoian v. Société de transport de Montréal, 2019 SCC 59 and unanimously ruled in favour of Bela Kosoian, overturning the decisions of the Quebec courts below and ordering the Société de transport de Montréal (STM) (the authority responsible for the subway system), the City of Laval and constable Fabio Camacho to pay her $20,000 in relation with her detention and arrest 10 years ago. ... [read more]

Thursday, December 05, 2019 @ 11:10 AM

Serving legal papers via social media Thumbsupicon.ca

As many lawyers know, locating and personally serving a defendant with a statement of claim can at times be an onerous process and it can especially be troubling if you are having difficulties locating the defendant. ... [read more]

Thursday, December 05, 2019 @ 8:02 AM

EVIDENCE - Hearsay rule - Foreign evidence assistance agreements and legislation

Appeal by the accused from convictions arising from a failed conspiracy to import cocaine from Costa Rica to Toronto. ... [read more]

Wednesday, December 04, 2019 @ 10:40 AM

Why death row dog Punky should head to Supreme Court Punky3

We the lawyers for Team Punky, Canada’s death row dog, are working hard to try to get this unprecedented case about a “dangerous dog” heard at the Supreme Court of Canada. I wrote two earlier articles about the important animal law case of Punky Santics: Getting Punky off death row and How Punky the dog got to Supreme Court. ... [read more]

Wednesday, December 04, 2019 @ 7:57 AM

EVIDENCE - Witnesses - Credibility - Prior inconsistent statement

Appeal by the accused from conviction for sexual assault. ... [read more]

Tuesday, December 03, 2019 @ 1:47 PM

Feds announce funding for NL child and youth advocacy centre

The federal Department of Justice (DOJ) on Nov. 29 announced it will provide $714,500 in funding over five years for Key Assets Newfoundland and Labrador thorough the Child Advocacy Centres (CAC) initiative. ... [read more]

Tuesday, December 03, 2019 @ 1:35 PM

Issue of consent key in overturning of unlawful confinement conviction Cristina Candea

The Ontario Court of Appeal’s recent decision to overturn the conviction of a couple accused of unlawfully detaining thieves on their property shows the importance of proving lack of consent in unlawful containment cases, say lawyers. On Nov. 15, the province’s highest court overturned the convictions of Sylvain and Olga Lahaie in R. v. Lahaie 2019 ONCA 899. ... [read more]

Tuesday, December 03, 2019 @ 9:42 AM

Quebec bill that would require ID cards ‘abusive,’ lawyer says Michel_Marchand

To the consternation of criminal lawyers and the Quebec law society, a bill introduced by the Quebec government that seeks to modernize the province’s penal justice system hands peace officers new discretionary powers that would allow them to require identification and would sanction warrantless entry under “urgent circumstances” into a dwelling. ... [read more]

Tuesday, December 03, 2019 @ 6:25 AM

CONSTITUTIONAL ISSUES - Protection against unreasonable search and seizure - Exclusion of evidence

Appeal by the federal and provincial Crown from the respondent’s acquittal on multiple weapons and drug-related offences. ... [read more]

Monday, December 02, 2019 @ 2:26 PM

LSO modernizes tribunal’s Rules of Practice and Procedure, amends bylaws to combat money laundering Isfahan Merali sm

The Law Society of Ontario’s (LSO) Convocation approved several motions regarding changes to the Law Society Tribunal’s Rules of Practice and Procedure, amendments in principle to bylaws regarding money laundering, as well as approval of the Legal Information and Resource Network (LIRN Inc.), which will continue the work of the former LibraryCo Inc. to deliver legal information and library services to licensees. ... [read more]