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2013 Wednesday, March 6,

The frailties of identification evidence results in new trial ordered by the Ont.C.A.

By |2017-06-22T12:51:30-04:00March 6th, 2013|

New trial ordered but he Ontario Court of Appeal due to identification frailties: The Ontario Court of Appeal's decision of R. v. Gough, 2013 ONCA 137, released March 6, 2013, is another reminder to trial judges of the significant [...]

2013 Sunday, March 3,

The impropriety of commenting on the veracity of another witness: R. v. R.H. Ont.C.A. (2013)

By |2017-06-22T12:55:23-04:00March 3rd, 2013|

It's improper to ask an accused to comment on why a victim would lie, the case of R. v. R.H. Yesterday the Court of Appeal of Ontario released the judgment R. v. R.H. which reversed [...]

2013 Wednesday, February 20,

No password on your phone? Fair game for police to search on arrest: R. v. Fearon, Ont.C.A., Feb 20, 2013

By |2016-10-24T11:59:17-04:00February 20th, 2013|

The Case of Fearon: Police Given the Green Light to Search a Phone if not Password Protected. The case of R. v. Fearon, 2013 ONCA 106 sets out general guidelines for searching cell phones [...]

2013 Friday, February 15,

The case of R. v. J.W. and a refresher on the use of similar fact evidence

By |2016-10-24T11:59:18-04:00February 15th, 2013|

Similar Fact Evidence and the case of R. v. J.W. by the Ontario Court of Appeal. On February 14, 2013 the Court of Appeal for Ontario released the judgment of R. v. J.W. (2013 ONCA [...]

2012 Wednesday, November 28,

What is proper and improper in a Crown closing address to a jury?

By |2016-10-24T11:59:19-04:00November 28th, 2012|

A proper (and improper) Crown Closing Address: Today the Court of Appeal released the judgment of R. v. Boudreau, 2012 ONCA 830 that reminded lawyers the extent to which they may properly advocate their positions in closing addresses, [...]

2012 Wednesday, November 21,

Improper Jury vetting by Crown in murder case requires new trial – Ont.C.A.

By |2016-10-24T11:59:19-04:00November 21st, 2012|

R. v. Spiers: improper vetting by Crowns may require new trials to remedy fairness. Today the Ontario Court of Appeal released the decision of R. v. Spiers, 2012 ONCA 798 that overturned a first-degree murder conviction and ordered a new [...]