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30 Jun 2021, 10:28 am by Jonathan Pyzer B.A., L.L.B.
The following is a non-exhaustive list of aggravating factors that will be taken into consideration by the sentencing judge: Whether the defendant has a previous history of sexual assault;Predatory sexual behaviour;Forcible confinement;Strength of violence or force inflicted on the complainant;Repeated acts of violence;Abuse of trust and lasting emotional and/or psychological suffering;Whether a weapon was used;Biological or psychological factors such as a mental illness;Likelihood of… [read post]
20 Jun 2021, 4:14 pm by INFORRM
A lawyer for Warren Kinsella argued Friday in Ontario Superior Court the suit from People’s Party of Canada Leader Maxime Bernier is a strategic action intended to silence expression in the public interest. [read post]
17 Jun 2021, 7:02 am by Second Circuit Civil Rights Blog
The company argued that it used business judgment in making these hiring decisions, and that it had a policy of not rehiring employees into lesser titles that would amount to demotions for the candidate.The Court of Appeals (Walker, Park and Nardini) held as follows: first, it noted that the Second Circuit stated in Byrnie v. [read post]
15 Jun 2021, 2:38 pm by Molly Lockwood
Superior Court (2019) 7 Cal.5th 1091, government’s first win in that court in this subject area in decades. [read post]
7 Jun 2021, 10:44 am by Jay R. McDaniel, Esq.
That question – jury trial or not – is likely to turn on where the case was pending at the time the lien was asserted, according to a decision of the Appellate Division of Superior Court in Toscano Law Firm v. [read post]
18 May 2021, 7:31 pm by Vercammen Law
A-5496-18T4Submitted December 8, 2020 – Decided December 30, 2020 Before Judges Yannotti and Natali.On appeal from the Superior Court of New Jersey, Cape May County, Municipal Appeal No. 05-05-18. [read post]
22 Apr 2021, 5:20 pm by Phil Dixon
Short-form indictments for statutory sex offense and indecent liberties using identical language for each charge and joined for trial were not defective State v. [read post]
19 Apr 2021, 6:00 am by An Nguyen
A couple of weeks ago, the Superior Court of Justice released an important decision, HCC 77 v. [read post]
8 Apr 2021, 11:42 am by Jonathan Holbrook
However, since the judge who conducted the hearing had retired, another superior court judge reviewed the hearing transcript and prepared a written order denying the defendant’s motion. [read post]
14 Mar 2021, 5:36 pm by INFORRM
 In a 15-page decision, Ontario Superior Court Justice Breese Davies ruled that the section is an unjustifiable restriction on Canadians’ right to free speech. [read post]