ArticleHow Do I Know If I Am Criminally Inadmissible?Non-Canadian citizens may be denied entry into Canada for, among other reasons, criminal convictions and criminal records.CanadaImmigrationFWCanada Inc.
ArticleFamily Members Of Apparent Victims Of Crime Cannot Sue Criminal Investigators In NegligenceOn April 8, 2011, the Ontario Court of Appeal released its decision in "Wellington v. Ontario". The Court dismissed a negligent investigation claim brought by the estate and family members of a man shot by police against the Special Investigations Unit (SIU), an independent civilian agency responsible for investigating incidents of serious injury or death that may have resulted from criminal offences committed by police.CanadaInsuranceBorden Ladner Gervais LLP
ArticleTitle Insurance And FINTRAC: What Lenders Need To Know As Of October 1, 2025Effective October 1, 2025, title insurers in Canada will be designated as reporting entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).CanadaInsuranceDentons Canada LLP
ArticleSexual Assault Claims – No Cap On Pain And Suffering DamagesGenerally, in personal injury claims and medical malpractice claims, there is a "rough upper limit" with respect to the amount that can be awarded for pain and suffering damages (also called non-pecuniary damages).CanadaLitigation, Mediation & ArbitrationWatson Goepel LLP
ArticleUnreasonable Delays In Criminal And Penal Matters: The Supreme Court Toughens The Rules!The Supreme Court of Canada rendered its decision in R. v. Jordan, [2016] SCC 27, which discussed issues regarding the right to be tried within a reasonable time in criminal and penal matters.CanadaLitigation, Mediation & ArbitrationLanglois Avocats
ArticleWhen Myths And Stereotypes Mean Inadmissibility: Lawmakers Take Action!This article is a modified version of a commentary originally published by Éditions Yvon Blais in May 2025 (EYB2025REP3843).CanadaLitigation, Mediation & ArbitrationLanglois Avocats
ArticleCanadian Cyber-Security Guidance For Financial InstitutionsEspionage and criminal heists have enduring popularity whether as news or cultural entertainment. CanadaMedia, Telecoms, IT, EntertainmentDentons Canada LLP
ArticleA Sad Story About Mr. X. From Country YMeet Mr. X. Don't judge him by his country of residence. It is not his fault. It wouldn't be fair. He was taken there as a child by his parents who were fleeing another country for a better life.CanadaTaxBarrett Tax Law
ArticleJoint Submissions On Sanction: The Supreme Court Of Canada Clarifies The Amount Of Deference That Should Be GivenThe Supreme Court noted that trial judges have applied different tests when considering joint submissions.CanadaLitigation, Mediation & ArbitrationField Law
ArticleA Teacher's Past Life May Come Back To Haunt ThemA registered teacher's pre-registration conduct may, in some cases, be considered by the Ontario College of Teachers' (the "OCT") Discipline Committee in determining whether a Member is guilty of professional misconduct.CanadaConsumer ProtectionMiller Thomson
ArticleAmendments To Criminal Rate Of Interest Provisions Come Into ForceOn January 1, 2025, amendments to the Criminal Code provisions regarding the criminal rate of interest enacted through Budget Implementation Act 2023...CanadaCriminal LawMcCarthy Tétrault
ArticleCausation In Historical Sexual Abuse CasesThe concept of causation is difficult to grasp at the best of times, as much ink has been spilled over the years since the decision of Athey v Leonati[1] in which the court applied the "material contribution" test.CanadaCriminal LawMiller Thomson
ArticleCourt Of Appeal Affirms Police Owe No Private Law Duty Of Care To Victims Or Their FamiliesThis case arises out of the tragic death of the plaintiffs' son on December 9, 2001 after he fell from a ten-storey apartment building.CanadaCriminal LawBorden Ladner Gervais LLP
ArticleDrug Evidence Excluded In Strip Search CaseIn a recent decision from the Ontario Court of Justice (R. v MacPherson, 2017 ONCJ 615 (CanLII)), an accused was facing charges of possession of crack cocaine for the purpose of trafficking...CanadaCriminal LawDevry Smith Frank LLP
ArticleFeatures Of Canada's New DPA SchemeThe Canadian Government has announced that it will be moving forward, albeit slowly, with a Deferred Prosecution Agreement (DPA) systemCanadaCriminal LawFasken
ArticleHas Your Home Updated Its MAiD Policy? Recent Legal Developments In Medical Assistance In DyingIn 2015, the Supreme Court of Canada ruled in the Carter decision that sections of the Criminal Code which made it illegal for anyone, including a physician...CanadaCriminal LawTorkin Manes LLP
ArticleParty's Over: Duty Of Care Of Social Hosts Hinges On Fact-Specific Determinations Of Foreseeability And ProximityIn the recent decision of Williams v. Richard, 2018 ONCA 889, the Ontario Court of Appeal reviewed the case law on social host liability in Ontario and concluded that a variety of "factual permutations" could give rise to a positive duty of care of social hosts. CanadaCriminal LawBorden Ladner Gervais LLP
ArticleShould The Human Rights Tribunals Operate More Like The Courts?More and more, victims of sexual harassment and sexual assault are seeking justice through Ontario's Human Rights Tribunal system.CanadaCriminal LawMacDonald & Associates
ArticleA New Era Of Criminal Law Enforcement For Workplace Safety In Canada - Part 1A recent case from New Brunswick involving the conviction of a site supervisor for criminal negligence causing death may signal a new era of criminal law enforcement for workplace safety in Canada.CanadaEmployment and HRMcLennan Ross LLP
ArticleBackhoe Operator Swings Worker Around "Four Full Rotations", Convicted Of Criminal AssaultIn a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in a fit of rage, to throw a co-worker off the backhoe by rotating the machine four full rotations while the worker held on to a railing as his feet were flying free of the machine.CanadaEmployment and HRDentons Canada LLP