Searching Content indexed under Crime by Borden Ladner Gervais LLP ordered by Published Date Descending.
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Court Of Appeal: Effect Of Sex Offender Registries Legislation On Mentally Ill Accused Is Unconstitutional
On April 4, 2019, the Court of Appeal for Ontario released its decision in G v Ontario (Attorney General), finding that the presumptive effect of provincial and federal sex offender registry legislation was unconstitutional as it applies to persons
30 Apr 2019
Court Rules Excluded Wiretap Evidence Admissible In Civil Trial
A "very active crack cocaine trafficker" is acquitted of a crime because the wiretap evidence against him is excluded in his criminal trial. What happens when he brings a civil action
13 Feb 2019
Tougher Impaired Driving Penalties To Significantly Impact Permanent Residents And Foreign Nationals
The enactment of Bill C-46 on December 18, 2018 has significantly changed Canada's impaired driving legislation and related offences under the Criminal Code.
17 Jan 2019
Party's Over: Duty Of Care Of Social Hosts Hinges On Fact-Specific Determinations Of Foreseeability And Proximity
In the recent decision of Williams v. Richard, 2018 ONCA 889, the Ontario Court of Appeal reviewed the case law on social host liability in Ontario and concluded that a variety of "factual permutations" could give rise to a positive duty of care of social hosts.
23 Nov 2018
Suite À L'acquittement D'accusations Pénales Portées Contre Un Individu Par L'amf, Quelle Est L'étendue De L'immunité Dont Jouit L'amf Dans Le Cadre D'une Poursuite Civile?
Le 17 octobre dernier, la Cour supérieure du Québec, sous la plume de l'honorable Danielle Turcotte, J.C.S., faisait le point sur l'immunité dont jouit l'Autorité des marchés financiers (l'«AMF»)...
31 Oct 2018
Legalization Of Cannabis In Canada And Vessel Operation
With the coming into force of the Cannabis Act and An Act to amend the Criminal Code (Bills C-45 and C-46, respectively), Canada has now become the second country in the world to legalize recreational cannabis.
22 Oct 2018
Police Record Checks Legislation Comes Into Force November 1, 2018
On December 1, 2015, the Ontario government unanimously enacted the Police Record Checks Reform Act, 2015 (the Act).
25 Sep 2018
Teacher With Camera Pen Acquitted Of Voyeurism
In a recent criminal case in the Ontario Court of Appeal, a teacher was acquitted on a charge of voyeurism under section 162 of the Criminal Code despite having surreptitiously recorded 27 female students ...
25 Sep 2018
Court Of Appeal Overturns Trial Decision On Police Negligence Investigation, False Arrest, False Imprisonment And Charter Breach
In Tremblay v. Ottawa (Police Services Board), 2018 ONCA 497, the Ontario Court of Appeal overturned the trial decision of Aitkin J. finding the Ottawa Police Service Board ("OPSB") liable...
11 Jun 2018
Court Of Appeal Affirms Police Owe No Private Law Duty Of Care To Victims Or Their Families
This case arises out of the tragic death of the plaintiffs' son on December 9, 2001 after he fell from a ten-storey apartment building.
24 Apr 2018
Court Of Appeal Confirms Limitation Period For Police Battery Claim Extended To Conclusion Of Underlying Criminal Charge
In the recently released decision of Brown v. Woodstock (Police Services Board), 2018 ONCA 275 ("Brown"), the Court of Appeal allowed the plaintiff's appeal and set aside the lower court's dismissal...
28 Mar 2018
Accident de travail mortel : un président d'entreprise déclaré coupable d'homicide involontaire
Le 1er mars dernier, le juge Pierre Dupras, de la Cour du Québec chambre criminelle et pénale, a déclaré coupable un président d'entreprise d'homicide involontaire suite au décès d'un travailleur.
6 Mar 2018
Negligent Investigation Claim Against Police Dismissed In Child Sexual Assault Case
In the recent decision of J.H. v. Windsor Police Services Board et al., 2017 ONSC 6507, the Windsor Police Services Board successfully brought a motion for summary judgment against the plaintiff...
30 Jan 2018
Negligent Investigation Claim Against Police Dismissed In The Context Of Full Investigation
An officer was dispatched to follow up on the report and gather information concerning the complaint.
29 Jan 2018
Ontario Court Of Appeal Extends Limitation Period For Police Battery Claim
On February 17, 2016, the plaintiff was acquitted of both criminal charges.
19 Dec 2017
New Regime For Marijuana Will Impact Canadian Schools
The federal government introduced legislation, Bill C-45, which will provide legal access to marijuana and control and regulate its production, distribution and sale.
5 Jul 2017
R. v. Suggashie, 2017 ONCJ 67, Ontario Court Of Justice (Gibson J.), 18 January 2017
The Ontario Court of Justice sentenced two Aboriginal men in relation to charges of break and enter with an intent to commit mischief.
28 Mar 2017
Young Man Sentenced For Criminal Harassment For "Sexting"
On September 7, 2016, the Ontario Court of Justice ("ONCJ") imposed a suspended sentence on a young man charged with criminal harassment, contrary to section 264 of the Criminal Code of Canada...
10 Feb 2017
$1 Million Costs Award Protects Commercial Landlords And Mortgage Lenders
In upholding a $1 million costs award against the Crown in a decision released today, the Ontario Court of Appeal has provided significant protection to commercial landlords and mortgage lenders against forfeiture proceedings...
15 Apr 2016
Manitoba Court Of Appeal Upholds Significant Jail Sentence For Credit Card Fraud
​The Manitoba Court of Appeal recently dismissed an appeal of a 15 month jail term in a case involving an individual who had obtained stolen credit card data in Asia and used it to purchase goods at retailers in Canada.
8 Mar 2016
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