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Tuesday, February 05, 2019 @ 2:36 PM

How B.C. drunk driving case may provide solution to opioid overdose crisis Opiods_sm.jpg

These days, it is hard to go longer than a day without hearing another tragic story about the overdose crisis in Canada. It is also hard to find someone who has not been touched in one way or another by the overdose crisis. ... [read more]

Tuesday, February 05, 2019 @ 1:26 PM

Jail sentences in labour rulings could become more common Man in Dark Cell

There have been thousands of Occupational Health and Safety Act (OSHA) convictions in Ontario, but less than two dozen jail sentences. ... [read more]

Tuesday, February 05, 2019 @ 12:07 PM

Report on law school tuition highlights impact of high costs on access, diversity Heather Donkers sm

The Law Students’ Society of Ontario (LSSO) is calling for change in its Jan. 31 report on tuition, debt and financial aid experiences, noting that the high cost of a legal education makes the profession less accessible, and by extension, less diverse. ... [read more]

Monday, February 04, 2019 @ 9:32 AM

APPEALS - Question of law - Powers of appellate court - New trial

Appeal by the Crown from the accused’s acquittal of possession of proceeds of crime, possession of marijuana for the purpose of trafficking and possession of a weapon for a dangerous purpose. ... [read more]

Monday, February 04, 2019 @ 9:26 AM

Errors in arson trial miscarriage of justice: B.C. Court of Appeal

The B.C. Court of Appeal has ordered a new trial for a man convicted of arson after ruling a number of errors and irregularities that occurred during his original trial compromised its fairness and resulted in a miscarriage of justice. Jonathan Ball was convicted in 2016 on two counts of arson and breaking and entering after he allegedly burned down the house and garage of a former acquaintance. ... [read more]

Friday, February 01, 2019 @ 3:49 PM - Last Updated: Friday, February 01, 2019 @ 5:17 PM

Top court splits over post-offence conduct in restoring murder conviction of N.S. man who hid, burned body Michael Moldaver

The Supreme Court has split 3-2 to restore the second-degree murder conviction of a Nova Scotia man who admitted to hiding and disposing of his dead partner’s body, but claimed he did so in a panic after she accidentally fell down the stairs while she was attacking him. ... [read more]

Friday, February 01, 2019 @ 1:49 PM

EVIDENCE - Methods of proof - Inferences - From conduct

Appeal by the Crown from a judgment of the Nova Scotia Court of Appeal setting aside the accused’s conviction for second degree murder and ordering a new trial. ... [read more]

Friday, February 01, 2019 @ 11:18 AM

Summary judgment motions in MVA cases are viable options carswervinginsnow_sm.jpg

In the recent decision of Pavlovic v. Vankar 2019 ONSC 61, the Ontario Superior Court of Justice granted a summary judgment motion and dismissed a lawsuit against an injured plaintiff and a cross claim by the co-defendant. In doing so, the court signalled that summary judgment motions in motor vehicle accident (MVA) cases, in certain contexts, are viable options worthy of consideration. The motion was granted despite there being conflicting evidence on a key liability issue. ... [read more]

Friday, February 01, 2019 @ 8:47 AM

PROCEDURE - Trial judge’s duties - Charge or directions - Defences

Appeal by the accused from conviction for second degree murder. ... [read more]

Friday, February 01, 2019 @ 8:45 AM

EVIDENCE - Private communications - Inadmissible interceptions

Appeal by Riley from his convictions for attempted murder and firearms offences in relation to a drive-by shooting. ... [read more]