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  • Article

    Case Study: Nevsun Resources Ltd. v. Araya, 2020 SCC 5

    Slavery, forced labour, cruel and degrading treatment and crimes against humanity have long been recognized as prohibited conduct under the norms of customary international law.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Decision On Defence Bars Assault Claim

    The action arose from an assault that took place in a parking garage on the evening of February 24, 2012.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
Article

Damages For Sexual Assault

The law related to clams for a sexual assault is not nearly as developed.
CanadaLitigation, Mediation & Arbitration
Rogers Partners LLP
Rogers Partners LLP
  • Article

    Mapping The Rubicon: The Québec Court Of Appeal Draws The Boundaries Between Administrative Audits And Penal Investigations

    There may come a point of no return in an enforcement action where the authorities irreversibly cross the line between an audit and a criminal investigation.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Sexual Abuse Matters In The Civil And Criminal Systems – What's The Difference?

    Instances of sexual abuse can be addressed legally in the civil and criminal systems. Some matters may end up in both. The processes, purposes of, and possible outcomes in each differ.
    CanadaLitigation, Mediation & Arbitration
    Siskinds LLP
    Siskinds LLP
  • Article

    Teacher Found Not Guilty For Student Drowning: What Does This Say About The Burden Of Proof In OHS Criminal Cases?

    On one unfortunate day in July 2017, a 15-year-old boy drowned while swimming in a lake on a school wilderness canoe trip. The teacher supervising the group of students that was swimming, Mr. Nicholas Mills, was charged with criminal negligence causing death.
    CanadaLitigation, Mediation & Arbitration
    Stringer LLP
    Stringer LLP
  • Article

    The Ontario Court Of Appeal Limits Relief From Mandatory Minimum Fines In Public Welfare Offences — Where Do We Go From Here?

    59(2) Although the provision that creates the penalty for an offence prescribes a minimum fine
    CanadaLitigation, Mediation & Arbitration
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Is It Illegal For A Teacher To Secretly Film Their Students' Cleavage?

    Most, if not all, of us can likely agree that it is wrong to film someone without their consent. We can also probably agree that it is even more wrong when the filming is sexual in nature.
    CanadaPrivacy
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Developments In Third Party Funding In Arbitration

    This article examines recent Asian developments in legalization of third party funding and contrasts these with the approach in England and Wales where the market is more established.
    GlobalLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Criminal Negligence: The Court Of Appeal Of Ontario Increases To $750 000 The Fine Imposed On Metron Construction Corp.

    On September 4, 2013, the Ontario Court of Appeal ordered Metron Construction Corporation to pay a fine in the amount of $750 000 for criminal negligence causing death.
    CanadaCriminal Law
    Lavery
    Lavery
  • Article

    Dog Bites: Beware Of Dog, Enter at Own Risk

    Recent headlines have brought to light the sad case of a Toronto dog that was killed by a neighbour's dog.
    CanadaCriminal Law
    Howie, Sacks & Henry LLP
    Howie, Sacks & Henry LLP
  • Article

    Failing To Maintain Truck Results In Criminal Negligence Conviction Against Supervisor

    Can a supervisor be found criminally negligent when he knowingly allows a worker to operate equipment that a worker under his charge suggests is potentially dangerous?
    CanadaCriminal Law
    Stringer LLP
    Stringer LLP
  • Article

    Permissible Uses Of Inquest Testimony In A Public Hearing: OPCC File: 2015-11014

    A retired judge has ruled that police officers who testified at a coroner's inquest into Myles Gray's 2015 death can have their inquest testimony used to challenge their credibility in subsequent Police Act misconduct proceedings. This preliminary decision creates tension between statutory protections designed to encourage full testimony at inquests and the public interest in holding officers accountable for alleged misconduct, potentially impacting officers' willingness to testify at future inquests.
    CanadaCriminal Law
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Police May Owe A Private Duty Of Care To Execute Warrants And Other Court Orders Expeditiously

    In Canada, police have a statutory and common law duty to investigate crime. The duty is owed to the public generally and not specific individuals, including victims of crime
    CanadaCriminal Law
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Seizure Before Judgment: Between Protecting A Claim And Failing To Disclose A Relevant Fact

    On July 4, 2025, in Boudreau v. Dallaire, the Québec Court of Appeal dismissed an application for leave to appeal a decision of the Superior Court, upholding a seizure before judgment of two properties.
    CanadaCriminal Law
    Langlois Avocats
    Langlois Avocats
  • Article

    Sexual Assault Trials: Capacity To Consent And Intoxication

    In R v Owston, 2023 SKCA 101 [Owston], the Saskatchewan Court of Appeal recently provided critical clarification on whether someone has the capacity to consent to sexual activity when intoxicated.
    CanadaCriminal Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    When Does Negligence Become Criminal?

    The Criminal Code of Canada contains several negligence based criminal offences, including dangerous driving as well as failure to provide the necessaries of life.
    CanadaCriminal Law
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Criminal Negligence Causing Death – Employer Gets A Stiff Sentence

    In a recent decision[1], the Court of Québec (Criminal and Penal Division) handed down a sentence against C.F.G. Construction Inc.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    La Violation Des Règles De Sécurité Mène À Une Peine D'emprisonnement

    Dans sa détermination de la peine, le juge MacDonnell de la Cour supérieure de l'Ontario a mentionné que le contrevenant savait que ses employés travaillaient à plus de 30 mètres du sol sans câble de sauvetage.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Association With Criminal Organization Not Enough For Inadmissibility To Canada

    Although immigration applications are put through an extensive review and assessment process, decision-makers can reach the wrong conclusion.
    CanadaImmigration
    Garson Immigration Law
    Garson Immigration Law
  • Showing 361–380 of 831 results

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