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S.8 of the Canadian Charter of Rights and Freedoms

Section 8 of the Canadian Charter of Rights and Freedoms protects a claimant’s reasonable expectations of privacy against unreasonable state intrusion. Section 8 stands as a shield against unjustified state intrustions on personal privacy. A s.8 privacy claim may relate … Continue reading

Fundamental duties of Lawyers to Clients

There are some key fundamental duties Ontario Lawyers owe to clients. The following is a list of a few, but the list is not exhaustive: > A lawyer’s fundamental duty is to act in the best interests of his or … Continue reading

Mutual Final Releases: Ontario

Releases are customarily signed at the end of litigation by the parties. The courts sometimes are called upon to interpret the breadth of the releases signed. The following are some principles the courts will consider in interpreting a signed release: … Continue reading

S. 10(b) Canadian Charter of Rights and Freedoms

Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees that upon arrest or detention every person shall have the right to retain and instruct counsel without delay. The purpose of this section is to ensure that individuals know … Continue reading

Self-Defence in Ontario : An Air of Reality

Where a defence of self-defence is raised, before the Court takes steps to fully consider it, the Court must first decide whether there is an air of reality to the self-defence point. When a trial judge determines whether there is … Continue reading

The Duties of a Mortgagee under a Power of Sale in Ontario

The duties of a mortgagee acting under a power of sale in Ontario are: 1. A mortgagee selling under a power of sale is under a duty to take reasonable precautions to obtain the true market value of the mortgaged … Continue reading

Entrapment in Canada

Entrapment occurs when: (a) the authorities provide a person with an opportunity to commit an offence without acting on a reasonable suspicion that this person is already engaged in criminal activity or pursuant to a bona fide inquiry; or (b) … Continue reading

Security of the Person: S. 7 Canadian Charter of Rights and Freedoms: Physical/Psychological Integrity

Security of the person is one of three interests afforded protection under s.7 of the Canadian Charter of Rights and Freedoms (the “Charter”). But the protection is not absolute. An individual may be deprived of security of the person provided … Continue reading

Rectification of Contracts in Ontario

On occasion, a written agreement may not reflect what the parties’ actually intended. Rectification of the agreement may be available to ensure it reflects the parties’ intentions. Rectification is an equitable remedy designed to correct errors in the recording of … Continue reading

Litigation Privilege in Canada

Litigation privilege is a common law rule that gives rise to an immunity from disclosure for documents and communications whose dominant purpose is preparation for litigation. This privilege has sometimes been confused with solicitor-client privilege. Solicitor-client privilege and litigation privilege … Continue reading