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2018 Thursday, December 20,

Heather’s Legal Summaries: R v Mohamed, 2018 ONCA 966

By |2018-12-20T09:19:20-04:00December 20th, 2018|

Heather's Legal Summaries: R v Mohamed, 2018 ONCA 966 The “Cumulative Hearsay” Issue R v Mohamed is an Ontario Court of Appeal decision delivered by Strathy C.J.O., Watt and [...]

2017 Friday, October 13,

Reasonable expectation of privacy in voyeurism crime in Canada: the case of Jarvis

By |2017-10-13T08:06:37-04:00October 13th, 2017|

Reasonable expectations of privacy in voyeurism cases under the Canadian Criminal Code: London's case of R. v. Jarvis. The Ontario Court of Appeal released a decision today upholding the acquittal of a London [...]

2014 Tuesday, January 21,

If not him, then who? The law of third party suspects in Canada

By |2016-10-24T11:59:16-04:00January 21st, 2014|

The law of third party suspects in Canada. Recently, our firm was faced with the issue or raising an alternative suspect in the course of defending our client.  Contrary to common sense, the law does [...]

2013 Wednesday, March 13,

R. v. Summers by the Ont.C.A., enhanced credit, & pre-trial custody.

By |2017-06-22T12:47:50-04:00March 13th, 2013|

R. v. Summers: the standard of enhanced credit and pre-trial custody in sentencing The use of enhanced credit for pre-trial custody, or "dead time", has long been a point of controversy among the public. [...]

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 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 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 [...]