Mr. Rasouli has been in a persistent vegetative state at Sunnybrook Health Sciences Centre (“Sunnybrook”) since October 2010. For the past three years, he has been kept alive by way of mechanical ventilation and artificial nutrition and hydration. His doctors saw no prospect of recovery, and sought to withdraw Mr. Rasouli’s life support in order […]
The Tax Court of Canada has held in Piersanti v. The Queen, 2013 TCC 226 [Piersanti] that information that may have been seized unlawfully during the course of a criminal investigation can still be used to reassess one’s income tax liability. This case concerns a Canada Revenue Agency (CRA) reassessment of Piersanti’s tax returns for […]
etucker 9.2720 Normal 0 On its face, the Family Law Act, R.S.O. 1990 ("FLA") appears to set down a fairly clear rule for the division of property in a divorce. The net family property ("NFP") that is in the hands of each spouse is calculated, and the one who has more pays an amount to […]
In R v Brownson, 2013 ONCA 619 [Brownson], a decision released by the Ontario Court of Appeal on October 15, 2013, the court considered the appropriateness of allowing the Crown to amend an information against an accused person at an appeal hearing. An information – analogous to an indictment – is an accusation sworn by […]
Osgoode Professor Kent McNeil, author of Common Law Aboriginal Title and Canada’s leading Aboriginal Title scholar, overviews William v BC, a major Aboriginal Title case scheduled to be heard by the Supreme Court of Canada on November 7, 2013. Professor McNeil outlines the facts, issues at stake and problems with how the courts have recently […]
On August 15th, Nazir Karigar was found guilty of agreeing to offer bribes to foreign public officials. Mr. Karigar conspired with the senior management of Cryptometrics Canada and its parent company to offer millions of dollars worth of bribes to various Air India officials and the Indian Minister of Civil Aviation, in order to secure […]
Last Tuesday, the Supreme Court of the United States heard oral arguments in McCutcheon v Federal Election Commission (McCutcheon). At issue are provisions of the Federal Election Campaign Act, 2 USC § 431 (the Act), that impose a biennial limit on individual campaign contributions. This lawsuit—brought by Shaun McCutcheon, a wealthy Alabama businessman and serial […]
On December 9, 2012, social media was ablaze with reports of a small monkey in a winter coat and diaper, wandering around an Ikea parking lot, apparently looking for its owners. The “Ikea Monkey”, as the animal was later dubbed, entered the furniture store and was subsequently picked up by Toronto Animal Services. Darwin the […]
On 11 October 2013, the Ontario Court of Appeal granted intervener status to Dr. Sherri Wise in a case on whether an American court judgment against Iran should be recognized under our domestic Justice for Victims of Terrorism Act [JVTA]. Dr. Wise is a victim of terrorism. She was severely injured in a 1997 Hamas […]
Normal 0 Last year, TheCourt reported on a British Columbia Court of Appeal (BCCA) ruling, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), (2012 BCCA 313). John McCormick, a partner of the firm in Vancouver, had gone to the Human Rights Tribunal to complain about mandatory retirement at age 65. He won there, […]