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Tag: Disclosure

Tag: Disclosure

REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?

Coincidentally, the day I read the Ontario Court of Appeal’s decision in Lexington on the Green Inc. v. Toronto Standard Condominium Corporation No. 1930, (2010 ONCA...

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...