There is often confusion about whether and when a person is entitled to a bail review. The short answer is that, although a person who has been remanded in custody may be entitled to a bail review, the justice (ie: Provincial Court Judge or JP) who denied bail has to have made an obvious error, […]
Please click here for the August issue of BC Take Five, summarizing what they have selected as the five most interesting cases from the British Columbia Court of Appeal in July. OnPoint’s New Cousin, Lucent: While OnPoint continues to provide superior legal research and writing services, Lucent assists law firms, companies, and other organizations by […]
R v. Safarzadeh-Markhali The Supreme Court of Canada recently ruled the Criminal Code provision regarding pre-sentence or remand custody is unfair, in R v. Safarzadeh-Markhalit, 2016 SCC 14. The law that offenders from getting ‘enhanced credit’ is no longer valid. The Criminal Code provisions stem from the Truth in Sentencing Act which was designed to […]
Please click here for the July issue of BC Take Five, summarizing what they have selected as the five most interesting cases from the British Columbia Court of Appeal in June. OnPoint’s New Cousin, Lucent: We are thrilled to introduce Lucent Legal Recruitment, Sarah Picciotto’s new venture. While OnPoint continues to provide superior legal research […]
Pursuant to s. 525(1) CCC where an accused is charged with an indictable offence and detained pending trial, he is entitled to a bail review unless he is also detained on another matter. The ‘person having custody’ of him is required to apply to a judge to fix a date for hearing after 90 days […]
Disclosure such as disciplinary records and other potentially relevant information in the possession of the police or other Crown agency that does not fall within the scope of first party disclosure is governed by the O’Connor third party production rules. The O’Connor procedure provides a general common law mechanism for production of any record beyond […]
Please click here for the June issue of BC Take Five, summarizing what they have selected as the five most interesting cases from the British Columbia Court of Appeal in May. This Month’s Cases: Corporations; Oppression; Disclosable Interest; Mineral Exploration ~ With Counsel Comments Wills and Estates; Presumption of Undue Influence; Proprietary Estoppel ~ With 2 […]
Re: Vanderkooy v Vanderkooy & Vanderkooy, 2013 ONSC 4796 (Ont SCJ) Two sisters, Patricia and Sarah Vanderkooy, were ordered to pay $125,000.00 damages to their Uncle Jack for libel for falsely alleging sexually abuse. The decision came down to balancing (1) the a person’s right not to be defamed against (2) a plaintiff’s right to seek damages without fear […]
Top BCCA Case Summaries with Counsel Comments Please click here for the May issue of BC Take Five, summarizing what they have selected as the five most interesting cases from the British Columbia Court of Appeal in April. This Month’s Cases: Human Rights; Employment; Derogatory Statements; “Condition of Employment” ~ With Counsel Comments Family […]
A police officer can use as much force as is reasonably necessary to make an arrest or deal with a potentially dangerous situation, including where the officer honestly believes it is necessary to use force to prevent the commission of an offence while ensuring his own safety and the safety of others. This includes lethal […]
