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Mar
31,
2010
PRELIMINARY INQUIRIES IN A CRIMINAL CHARGE CAN MAKE OR BREAK YOUR ACQUITTAL
Procedural rules for preliminary inquiries are given in Part 18 of the Criminal Code (Code). In order to protect an accused from being subjected to a public trial...
Mar
31,
2010
MORTGAGE DEFAULT: Power of Sale or Foreclosure?
Although generally the real estate market in Ontario has been robust, the frenzied market of the past has caused an increase in mortgage defaults as a...
Mar
30,
2010
THE REQUIREMENT FOR THE ACCUSED TO FIGHT FOR FULL DISCLOSURE
A time is reached in the course of disclosure when the onus is on the accused to settle the “likely relevance” of information withheld by the Crown in...
Mar
29,
2010
DISCLOSURE VS. PRIVILEGED INFORMATION IN CRIMINAL INVESTIGATIONS
The Crown counsel (prosecutor) has limited discretion to withhold disclosure where disclosure would reveal information protected by privilege. Such exceptions are solicitor-client privilege, police informer privilege, and the privilege...
Mar
27,
2010
OBTAINING DISCLOSURE WHEN CHARGED WITH A CRIMINAL OFFENCE
A constitutional right to disclosure is part of one's right to provide a full answer and defence, guaranteed by section 7 of the Canadian Charter of...
Mar
26,
2010
CRIMINAL PRE-TRIAL & RELEASE
On being arrested and charged with an offence, an individual could be released by a police officer on his own or held for a bail hearing...
Mar
25,
2010
WHAT POWERS DO THE POLICE HAVE IN A CRIMINAL INVESTIGATION
A variety of powers is exercised by the police to assist in the investigation of crime and in the collection of evidence. The methods employed among...
Mar
24,
2010
HOW TO CLASSIFY A CRIMINAL OFFENCE
Criminal trials for adults (people age 18 or over) in Ontario, are carried out in two trial courts, the Ontario Court of Justice and the Superior...
Mar
23,
2010
THE SIMPLIFIED APPROACH TO PROCEEDING WITH A CLAIM
The purpose was that more modest claims should proceed by a simplified procedure that still provided ample due process but reduced the high costs and delays...
Mar
22,
2010
CASE MANAGEMENT AND MANDATORY MEDIATION
Civil Case Management was introduced in 1997 through a new rule (rule 77.01). In Toronto presently, it is applicable in limited circumstances only, but not so...
