Appeal court raps Crown for inflammatory closing
The Ontario Court of Appeal has concluded a senior Crown attorney acted improperly in a closing address to a jury when he compared the defendant to religious terrorists, mass murderers, and notorious...
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Ruling shows courts struggling with handling national class actions
Canadian courts continue to struggle with how to deal with national class actions, as demonstrated in an Ontario Court of Appeal decision on whether an Ontario judge could sit together with colleagues...
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Appeal court clarifies which expert witnesses covered by new rule
In a unanimous ruling, the Ontario Court of Appeal has cleared up a cloud of confusion that has plagued the personal injury bar for several years over which expert witnesses must comply with rule 53.03...
View ArticleDuress can be used as a defence to murder: appeal court
The Ontario Court of Appeal has dispelled any doubts about the availability of the defence of duress in murder cases under the common law.“The trial judge erred in law by holding that the common law...
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Rivoalen replaces Douglas as associate chief justice in Manitoba
What better way to celebrate Cinco de Mayo than a number of new judicial appointments.Today, Prime Minister Stephen Harper appointed Justice Marianne Rivoalen as the new associate chief justice of the...
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Judge orders Crown to pay costs over language rights violations
The federal Crown has been ordered to pay the costs of a lengthy preliminary hearing for a defendant in a cocaine trafficking trial because of numerous violations of the right to have a bilingual court...
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Unique harm needed to pursue oppression claim
When directors of a corporation in which you hold shares act against your interests, it might feel personal. But unless the harm done was unique to you and you alone, you may not pursue an oppression...
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A game changer in providing post-arrest advice
The Ontario Court of Appeal’s decision in R. v. Liard will be “a game changer” in how lawyers advise clients following their arrest, a Toronto criminal lawyer says.Yesterday, the court upheld a lower...
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Controversial judicial appointment in Ontario
The Federal government has elevated Justice Bradley Miller to the Ontario Court of Appeal after only six months on the Superior Court bench.While there’s no official press release of the controversial...
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A mass of new judicial appointments
If you’re a lawyer in Canada, there’s a good chance someone you know is on this very long list of judicial appointments.Heading into pre-Canada Day celebrations Justice Minister Peter MacKay announced...
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