The Supreme Court of Canada (“SCC”) will soon give direction to lower courts on how to assess the prejudicial and probative value of permitting an accused’s criminal record to be admitted as evidence. In R v Hussein, 2023 ONCA 253 [Hussein], the Court of Appeal for Ontario (“ONCA”) upheld the trial judge’s dismissal of the […]
In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court finding that Ontario’s Bill 124 (“the Bill” or “the Act”)- which places a cap on wages in the public sector–is unconstitutional in its application to […]
The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial. In its ruling in R v Bharwani, 2023 ONCA 203 [Bharwani], the ONCA held that fitness to stand trial under s. 2 of the Criminal Code, RSC 1985, c C-46 […]
In Mirza et al v the Law Society of Ontario 2023 ONSC 6727, ["Mirza"] the Ontario Superior Court of Justice (“SCJ” or the “Court”) struck a balance between the requirements of administrative procedural fairness and the integrity of the legal profession. The decision introduced some new checks and balances on unilateral actions on behalf of […]