Home » 2009 » February (Page 2)

Beware of Mortgage Tax Deduction Claims: Lipson v Canada

Earlier this month, the Supreme Court of Canada ("SCC") issued a decisive ruling that clarifies once and for all that the interest paid on a mortgage taken out to purchase a principal residence cannot be tax deductible under any circumstances (unless part of the house is used for business purposes.)

When is a Charter Breach Justified? R v Harrison and the Application of the Exclusionary Rule

Nearly one year ago today, the Ontario Court of Appeal ("ONCA") decided that the 77 pounds of cocaine found by a police officer in the trunk of Bradley Harrison’s rented Dodge Durango was admissible evidence. The details of the appeal, as well as its preceding trial decision, have been summarized by Tom Schreiter here. Recently, […]

Section 15 and Statute-Barred 'Charter Widows': Ravndahl v Saskatchewan

One of my constitutional law professors once remarked that the rights-based ethic of my generation is largely informed by the fact of our coming of age in the post-Charter era. Personally, I believe that the Charter, for all of its positives, is a systemically underinclusive document. Nevertheless, as a child of the post-Charter era, I […]