Canadian law is clear that liability extends to ‘lookouts’ and ‘get-away’ drivers. For this reason, an accused cannot put forward the defence that they were not directly involved in the offence and are thereby innocent. The Supreme Court of Canada (“SCC”), however, encounters difficulties when applying the law on abetting and counselling in R v […]
Today (March 29) the Supreme Court of Canada (“SCC”) will hear the intellectual property case of Keatley Surveying Ltd v Teranet Inc, 37863 [Keatley] about the issue of copyright in land surveys. Keatley Surveying Ltd (“Keatley”) brought a proposed class action on behalf of all land surveyors in Ontario against Teranet Inc (“Teranet”), a private […]
In R v Babos, 2014 SCC 16 [Babos], the issue was whether the Crown misconduct, in the form of intimidation and threats, was severe enough to warrant a stay of proceedings for the accused. A 6-1 majority of the Supreme Court of Canada (SCC) has held that prosecutorial misconduct or abuse of process must be […]
