Monthly Archives: December 2015

The Effective assistance of Trial Counsel in Ontario Criminal Proceedings

In order for an accused to show that he or she has been denied the effective assistance of counsel such that his or her conviction is properly viewed as a miscarriage of justice, the accused must establish: the factual basis … Continue reading

The tort of intimidation in Ontario

The tort of intimidation consists of the following elements: a threat; an intent to injure; some act taken or forgone by the plaintiff as a result of the threat; as a result of which the plaintiff has suffered damages. Although … Continue reading

Equitable Set-off in Ontario Superior Court Proceedings

There can be a myriad of potential claims in Ontario Superior Court litigation. There are also a myriad of potential defenses to set up in response to claims. One such defense, may arise from time to time depending on the … Continue reading