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Category Archives: Criminal

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US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?

Posted in Case Comments, Charter of Rights, Criminal

Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest.  On June 25, 2014, the US Supreme Court unanimously settled US law in Riley… → Read More

“The digital and Internet age meets the law of search and seizure” as the SCC clarifies the law on search warrants and computers in R v. Vu

Posted in Case Comments, Charter of Rights, Constitutional, Criminal

Overview The Supreme Court of Canada recently released a unanimous judgment in R. v. Vu, 2013 SCC 60, in which it ruled that authorities must obtain specific authorization in a search warrant in order to search computers located on premises covered by the warrant. In this case, the police collected incriminating evidence against Mr. Thanh… → Read More

Australian Fraudsters: Definition of Concurrent Wrongdoer Tied to Loss

Posted in Case Comments, Contracts, Criminal

When is a fraudulent and negligent tortfeasor a “concurrent wrongdoer”? In Hunt & Hunt Lawyers v. Mitchell Morgan Nominees, the High Court of Australia has clarified the definition of a concurrent wrongdoer finding that liability can be apportioned under Part 4 of the Civil Liability Act where the damage caused by one or more concurrent… → Read More

Craig and Prokofiew — A Tale of Two Cases: The SCC Considers the Precedential Effect of its Obiter Dicta

Posted in Case Comments, Constitutional, Criminal

As discussed in a previous post, the Supreme Court of Canada, in Canada v. Craig, overruled one of its own precedents, on the basis that there were compelling reasons indicating that the precedent’s interpretation of a provision of the Income Tax Act was incorrect. This interpretation was part of the precedent’s ratio decidendi and not… → Read More

SCC to Hear Appeal in Castonguay Blasting

Posted in Case Previews, Criminal, Environmental, Regulatory

The Supreme Court of Canada has granted leave to appeal in a case that could significantly expand the jurisdiction of environmental regulators, and increase the costs of compliance for the private sector. Castonguay Blasting will require the Court to determine whether the discharge of contaminants into the natural environment must be reported even if it does… → Read More

What to expect when you’re expecting… An answer from a regulator: SCC to discuss the reasonable diligence defense in cases or strict liability offenses

Posted in Case Previews, Criminal, Financial Services, Insurance

The Supreme Court of Canada recently granted leave to appeal in a case involving the Autorités des marchés financiers (“AMF”), the Quebec regulator regarding financial products and services. The most important issue discussed by the Court of Appeal concerns the possibility or not for Sovereign, General Insurance Company (“Sovereign”) to use the reasonable diligence defense… → Read More