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Dangerous Driving in Canada

The Canadian Criminal Offence of Dangerous Driving comes in different shades. There is dangerous driving; dangerous driving causing bodily harm; dangerous driving causing death. Regardless of the shade, this offence is distinct from offences such as careless driving and not … Continue reading

Setting aside a Default Judgment for Foreclosure in Ontario

Foreclosure is a remedy available to a mortgagee upon default in which there has always been close regard for the rights of the mortgagor. The rationale for foreclosure is not to punish a defaulting mortgagor or to express the court’s … Continue reading

Misapprehension of Evidence: Criminal Law

An appellant in an Ontario Criminal Proceeding may sometimes rely on the “misapprehension of evidence” ground as a basis to set aside the lower court’s decision. Misapprehension of evidence means a number of things in Ontario including: @ Misapprehension of … Continue reading

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