Mandatory Minimum Sentence for Drug Offences Struck Down by BC Provincial...
After finding the mandatory minimum sentence for drug possession for the purpose of trafficking (contrary to s. 5(2) of the Controlled Drugs and Substances Act [CDSA]) violated s. 12 of the Charter (R...
View ArticleKozel v The Personal Insurance Company: Failure to Renew a Driver’s License,...
In Kozel v The Personal Insurance Company, 2014 ONCA 130 [Kozel], a decision released on February 19, 2014, the Ontario Court of Appeal considered the scope of relief from forfeiture pursuant to...
View ArticleAppeal Watch: SCC to Hear Appeal of Lawyer’s Contempt in Sabourin & Sun Group...
On March 20, 2014, the Supreme Court of Canada granted leave to consider the Ontario Court of Appeal’s judgment in Sabourin & Sun Group v Laiken, 2013 ONCA 530. In addition to determining the law...
View ArticleStilwell v World Kitchen Inc: Ontario Court of Appeal Affirms Deference to...
In Stilwell v World Kitchen Inc, 2014 ONCA 770, the appellants, World Kitchen Inc. (“World Kitchen”) and Corning Inc. (“Corning”) appealed a jury award of $1,157,850 for negligence relating to product...
View ArticleReligious Organization Oppressed its Members: Sandhu v Siri Guru Nanak Sikh...
A landmark decision of the Alberta Court of Appeal (“ABCA”) in Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2015 ABCA 101 [Sandhu], extends the oppression remedy outside of the corporate context...
View ArticleHenry v British Columbia: Defending Rights, or the State?
The Sorry Tale of Mr. Henry Mr. Henry is an average person with an average life. Then one day, he is convicted of 10 sexual offences, declared a dangerous offender and sentenced to indefinite...
View ArticleStrategizing in the Shadow of Precedent: Another look at Henry v British...
An earlier post provided a summary of Henry v British Columbia, 2015 SCC 24 [Henry]. Unanimously overturning a decision of the British Columbia Court of Appeal (“BCCA”), the Supreme Court of Canada...
View ArticleHinse v Canada: Incomplete Justice?
Ignored Cries In Hinse v Canada, 2015 SCC 35 [Hinse] an element of the Crown’s prerogative power is brought into the limelight. Hinse was exonerated approximately 30 years after his conviction for...
View Article
