OBA.org - Articles 2019

The dangerous fentanyl drug problem: a mens rea issue

May 24, 2018
Alan D. Gold, Laura J. Metcalfe, and Alex I. Palamarek

Is fentanyl skewing the sentencing process? Alan Gold and his associates reflect on the punitive implications of the fentanyl scourge.

Ontario Court of Appeal Summaries (May 13- May 18)

May 22, 2018
John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

COURT OF APPEAL SUMMARIES (April 30 - May 4, 2018)

May 10, 2018
John Polyzogopoulos

Following are summaries of this week’s civil decisions of the Court of Appeal for Ontario, including Ontario Inc. v. Maple Leafs Foods Inc., in which the Court decided Maple Leafs Foods did not have a duty not to harm the reputation or profits of Mr. Sub franchisees who sold Maple Leaf meats; and, on the Criminal Law front, the Court's decision in R. v. Forcillo, in which the appeal from the conviction of the constable for attempted murder was dismissed.

R. v. Antic Did Change Something: Footnote 4 and the role of sureties

November 20, 2017
Daniel L. Lerner

If you don’t know Footnote 4, you don’t know Antic: How a Supreme Court footnote changes the way we think about bail.

October 2017 Ontario Court of Appeal Review

October 10, 2017
Crystal Tomusiak

Crystal Tomusiak brings you the Ontario Court of Appeal criminal law decisions you need to know. This month: How s. 276 applies to an entire relationship, reversing a s.11(b) stay of first-degree murder charges, and what happens to a murder charge when sexual assault occurs after the victim is already dead.

October 2017 SCC 6-word review

October 10, 2017
Daniel Goldbloom

[Almost] everything you need to know about the latest Supreme Court of Canada criminal law and related decisions, in six words or less.

Criminal Practice Primer: Your first criminal appeal

September 13, 2017
Mark Halfyard, Michael Dineen, and Jonathan Dawe

Appeals can be daunting for young lawyers or even experienced trial lawyers. Before you do your first one, read this.

Summer 2017 SCC 6-word review

September 13, 2017
Daniel Goldbloom

[Almost] everything you need to know about the latest Supreme Court of Canada criminal law decisions, in six words or less. Summer Catch-up Edition!

Summer 2017 Ontario Court of Appeal Review

September 13, 2017
Crystal Tomusiak

Crystal Tomusiak returns with the Court of Appeal criminal law decisions you need to know. In this instalment of the Ontario Court of Appeal Review: Reasonableness of a car trunk search incident to arrest, the problem of recognizing an accused on surveillance video when you can't see his face, and why disclosure of your hydro usage to the police may violate s. 8, but provide no remedy under s. 24(2).

Digital Threats and Criminal Prosecutions: The Authentication Debate Continues

April 28, 2017
Brock Jones

Courts continue to grapple with arguments that much digital evidence is not sufficiently authenticated and should therefore be ruled inadmissible. Three reported decisions since my last update demonstrate that these arguments continue to be viewed as unpersuasive by the courts .

Tracking Preferences

Articles 2019