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26 May 2021, 4:00 am
On appeal, Hamilton J.A. held that the matter of the appeal was moot since the appellant had not been incarcerated pursuant to the impugned warrant for almost three years. [read post]
23 May 2021, 4:01 am
Essentially for the reasons of Schrager J.A., a majority of judges of this Court are not convinced that the Crown’s failure to have recourse to s. 9 of the Canada Evidence Act made the trial unfair, and they agree with Schrager J.A. that the verdict was not unreasonable. [read post]
22 May 2021, 12:26 pm
J.A. 22. [read post]
22 May 2021, 12:12 pm
” J.A. 15, 546. [read post]
19 May 2021, 12:46 pm
J.A. [read post]
10 May 2021, 3:54 pm
” J.A. 4. [read post]
5 May 2021, 3:29 pm
” J.A. 21. [read post]
29 Apr 2021, 1:01 pm
J.A. 32. [read post]
20 Apr 2021, 12:04 pm
” J.A. 85. [read post]
7 Apr 2021, 4:00 am
Where an SRL may not be fluent in speaking or understanding the English language, it is important not to let this fact, or opposing counsel’s use of it, penalize the litigant: “fairness requires more” (para 156 per Lauwers, J.A). [read post]
6 Apr 2021, 2:34 pm
” J.A. 29. [read post]
4 Apr 2021, 2:36 pm
Bergen, 2013 BCCA 492 at para. 37 [Bergen], Newbury J.A. described a gift of the right of survivorship in a joint account as “an immediate gift of a joint interest consisting of whatever balance exists in the account on the transferor’s death, assuming he or she dies first. [read post]
1 Apr 2021, 10:08 am
J.A. 43. [read post]
31 Mar 2021, 4:00 am
Nevertheless, as Morden J.A. explained in Elcano Acceptance Ltd. v. [read post]
26 Mar 2021, 2:37 pm
J.A. 11. [read post]
24 Mar 2021, 2:32 pm
” Final Written Decision at 42 (quoting J.A. 1854–55). [read post]
19 Mar 2021, 7:30 pm
J.A. 68; see also J.A. 84 (noting that the National Oil Company had also paid bribes on behalf of Oranto Petroleum). [read post]
16 Mar 2021, 5:15 pm
” J.A. 821. [read post]
28 Feb 2021, 6:36 pm
There has been a significant increase in the possession and use of firearms in Toronto over the past 15 years, as observed by Armstrong J.A. and Kelly J. [read post]
25 Feb 2021, 10:11 am
” J.A. 10057 ¶ 34. [read post]