The death of Bridgett Takyi, a 27-year-old mother, represents the worst nightmare of any Justice of the Peace. In Ontario, justices make critical decisions, such as whether an accused should be released from jail pending trial. While out on bail for charges including assault and uttering death threats against Ms. Takyi, Emmanuel Owusu-Ansah, Ms. Takyi’s […]
The Supreme Court of Canada’s (“SCC”) recent decision in R v Tatton, 2015 SCC 33 [Tatton] takes place in the context of a larger and more protracted debate about the defence of intoxication. In what cases, if any, can a self-induced state of intoxication negate intent, and provide an accused with a full acquittal? Courts […]
The Supreme Court of Canada’s (“SCC”) decision in Guindon v Canada, 2015 SCC 41 [Guindon] has been eagerly awaited by lawyers in the area of taxation. It deals with a relatively new provision in the Income Tax Act, RSC 1985, c 1 (5th Supp), s. 163.2, that allows third parties, such as tax advisers or […]
On May 22, 2015, the Supreme Court of Canada (“SCC”) in R v Barabash, 2015 SCC 29 [Barabash], unanimously concluded that a new trial was necessary since both the trial judge and majority at the Alberta Court of Appeal (“ABCA”) erred in law in their analyses of the role of exploitation in the “private use […]
The Sorry Tale of Mr. Henry Mr. Henry is an average person with an average life. Then one day, he is convicted of 10 sexual offences, declared a dangerous offender and sentenced to indefinite imprisonment. He spends the next 27 years in prison, writing dozens of appeals and requests, and, presumably, spending the rest of […]
At the heart of the debate surrounding mandatory minimum sentences in Canada lies the insular but simple fact that Parliament, rather than the judiciary, dictates the application of such sentences to ensure that all offenders convicted of a specific crime receive at least a minimum term of imprisonment, regardless of the circumstances which surround the […]
In Westerhof v Gee Estate, 2015 ONCA 206 [Westerhof], the Court of Appeal for Ontario (“ONCA”) determined that experts who give opinions based on their participation in the events of a proceeding (a “participant expert”) may not need to comply with Rule 53.03 of the Rules of Civil Procedure, RRO 1990, Reg 194. Rule 53.03 […]
In Hopkins v Kay, 2015 ONCA 112 the Ontario Court of Appeal (“ONCA”) ensured that parties who suffer misuse of their private health information can claim common law damages against the wrongdoer. The court found that statutory damages under the Personal Health Information Protection Act, 2004, SO 2004, c 3, Sch A [PHIPA], did not create […]
A landmark decision of the Alberta Court of Appeal (“ABCA”) in Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2015 ABCA 101 [Sandhu], extends the oppression remedy outside of the corporate context and into the governance of religious organizations. Where governing members of religious organizations act oppressively, Alberta’s Religious Societies’ Land Act, RSA 2000, c […]
In Figueiras v Toronto (Police Services Board), 2015 ONCA 208, the scope of common law police powers were at issue in regards to their conduct with protesters during the 2010 G20 summit in Toronto. In what has been hailed a victory for G20 demonstrators, the Ontario Court of Appeal granted Mr. Figueiras’ appeal in holding […]