Business Law & Corporate Law

TYPICAL REAL ESTATE FRAUD SCHEMES AND THEIR RED FLAGS

Describing real estate fraud means visiting a dark place where suspicious characters roam around, unlawful acts are committed brazenly, and you do not know who you...

SUBPOENAS: Compelling Witnesses to Testify!

The territorial effectiveness of all subpoenas, excepting those issued by a justice, is throughout Canada. The latter is valid only in the province in which it...

COMPELLING WITNESSES IN A CRIMINAL PROCEEDING

To qualify as a witness at a criminal proceeding, a person is to be competent to testify.  Nobody can be forced to testify by the Crown...

RIGHT TO REMAIN SILENT:”…whatever you say may be given in evidence against you at your trial…”

In Criminal Charges, Charter Jurisdiction is a very important point to keep in mind during preliminary inquiries, because a justice conducting a preliminary hearing is not...

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...

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...

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...

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...

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...

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...