Areas of
Practice

Supreme Court of Canada

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Friday, December 02, 2022 @ 12:39 PM

CUSTODY, PARENTING, AND ACCESS - Removal of child from jurisdiction - Practice and procedure - Courts - Jurisdiction

Appeal by the mother from a decision of the Ontario Court of Appeal that confirmed an order requiring the return of the parties’ two children to the United Arab Emirates (UAE). The parties married in Dubai in 2012. Their children were one and four-years-old at the time of trial. The mother did not have independent residency status in the UAE. In June 2020, the mother travelled to Ontario with the children, with the father’s consent, to visit her family. ... [read more]

Thursday, December 01, 2022 @ 4:21 PM

Decision underscores importance of good defence theory Darkness

A crucial first step in any criminal law defence is for an accused and the defence counsel to agree on a theory of the defence. ... [read more]

Tuesday, November 29, 2022 @ 9:26 AM

Welcome to world of prison justice prisonsuit

A man incarcerated in a medium security prison is suspected of dealing drugs. A Security Information Report is prepared recommending a transfer to maximum security. The inmate objects. Many people would suspect the inmate must, nevertheless, suffer the consequences. It’s easy to overlook the rule of law when the party accused of wrongdoing is not an upstanding citizen. Welcome to the world of prison law. ... [read more]

Monday, November 28, 2022 @ 1:44 PM

Application of biased standard plays role in sex assault appeal Two heads

Following the advent of the #MeToo movement, legislatures and the courts have strived to make the reporting of sexual assault, and legal processes thereafter, less traumatizing for the victim. While we laud the fact that women ought to be believed, it does not mean that persons accused of an assault ought not to be believed. ... [read more]

Thursday, November 24, 2022 @ 1:22 PM

DEFENCES - Entrapment

Appeal by Ramelson from a decision of the Ontario Court of Appeal that set aside a stay of proceedings and confirmed Ramelson’s convictions for child luring, communicating to obtain sexual services from a minor and arrangement to commit sexual offences against a person under 16. An online investigation by the York Regional Police, “Project Raphael”, led to the arrests of 104 men between 2014 and 2017 for child luring and related offences. ... [read more]

Thursday, November 24, 2022 @ 1:07 PM

DEFENCES - Entrapment

Appeal by Haniffa from decision of the Ontario Court of Appeal that affirmed the dismissal of his application for a stay of proceedings regarding his convictions for child luring and a s. 286.1(2) offence. Haniffa was one of 104 people arrested during an online investigation, “Project Raphael”, conducted by the York Regional Police that targeted underage sex work. ... [read more]

Thursday, November 24, 2022 @ 1:03 PM

DEFENCES - Entrapment

Appeal by Jaffer from a decision of the Ontario Court of Appeal that affirmed the dismissal of his application for a stay of proceedings regarding his convictions for luring and a s. 286.1(2) offence. Jaffer, who had Asperger’s Syndrome, was one of 104 people arrested during an online investigation, “Project Raphael”, conducted by the York Regional Police that targeted underage sex work. ... [read more]

Friday, November 18, 2022 @ 12:13 PM

PATENTS - Remedies - Accounting of profits

Appeal by Nova Chemicals Corporation from a decision of the Federal Court of Appeal that upheld an accounting of profits assessment awarded to Dow Chemical. Nova made and sold products covered by Dow’s patent for plastics. Dow’s patent was issued in 2006 and expired in 2014. After a determination that the patent was valid and that Nova had infringed the patent, Dow was permitted to seek an accounting of profits. Nova conceded there were no non-infringing options available. ... [read more]

Thursday, November 17, 2022 @ 3:37 PM

PROVINCIAL AND TERRITORIAL TAXATION - Quebec - Income tax - Computation of income - Taxable benefit - Income from employment or office

Appeal by Des Groseillers and BMTC Group Inc. from a judgment of the Quebec Court of Appeal that set aside the trial judgment regarding tax assessment of Des Groseillers’ income. Des Groseillers had been granted stock options by his employer. The Court of Appeal found no conflict between sections 50 and 422 of the Quebec Taxation Act. ... [read more]

Thursday, November 17, 2022 @ 2:15 PM

Digital audiobooks: Certification of prospective B.C. conspiracy class action denied, part one Stack of books wearing headphones

The case of Williams v. Audible Inc., 2022 BCSC 834 arises from a proposed conspiracy class action focused on the exclusivity provisions in an agreement between Audible Inc. (Audible) and Apple Inc. (Apple) relating to the distribution and sale of digital audiobooks in Canada. ... [read more]