Category Archives: Uncategorized

Break and Enter in Canada

Like many Criminal Offences, there are a host of different factors that come into play when sentencing the Break and Enter Defendant. A spectrum of cases exist from the less serious to the Defendants who face serious penitentiary time. A … Continue reading

Practicing Law with Professionalism, Integrity, Humility

Some of us have to know the intricacies of sentencing law. Others must ensure construction liens are registered on time. Some have to be up to date on the law of rescission. Others may have a strong working knowledge of … Continue reading

The Strands of Criminal and Civil Cases

Many cases have different legal strands weaving through them. Recognizing those strands and marshalling the facts and law around them is important to the structure/integrity of a given case. A Criminal lawyer may have many strands to worry about. There … Continue reading

Running the Litigation Path

A plaintiff commences an action for relief. The hope is the plaintiff’s action will make it to the finish line whether on settlement or at trial with the relief requested or at least a substantial part of it. Along the … Continue reading

Substance in harmony with Form: Court Matters

The substance over form principle appears in many areas of law. The Court is concerned with the essence of the matter before it regardless of the label that may be used by one of more parties. There may be advantages … Continue reading

The Law of Negligence: Value-ridden law

Duty of care, standards of care, proximity, reasonable foreseeability, risk of harm. Words we see in the law of negligence. This area of law has its foundations in important values: fairness, justice but also accountability ,but not to the point … Continue reading

The General Warrant in Canadian Criminal Law

The Oxford Minireference Thesaurus describes the word General as “usual, customary, common, ordinary, normal, standard, regular, everyday, typical, conventional, habitual, run-of-the-mill..” However a General Warrant is not intended to be common or usual. It’s role for searching is prescribed by … Continue reading

The Vexatious Litigant

The Vexatious litigant (“VL”) is a different breed. There are a number of red flags for this type of litigant and Vexatious Proceedings. However the categories of vexatious proceedings and their characteristics are not closed. The VL is often in … Continue reading

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