ontario court of appeal
Pioneer v Godfrey : SCC to Decide if Damages Should Rain Down on “Umbrella” Purchasers
If you are not familiar with the term “umbrella purchasers,” you may very well be forgiven. In everyday conversation the term might simply be used to refer to someone who lives in an abnormally rainy place, or perhaps an individual that has regrettably lost yet another umbrella. In the legal world, however, umbrella purchasers take […]
In Your Own Backyard: The Implied Licence Doctrine and Section 8 of the Charter in R v Le
Do police officers have the power to enter a person’s backyard without express permission from the owner? On January 25, 2018, the Ontario Court of Appeal (“ONCA”) released R v Le, 2018 ONCA 56 [Le], a decision where the majority found the police had lawfully entered a backyard in order to investigate potential criminal activity. What […]
Thompson v Ontario : ONCA Dismisses Charter Challenge of Involuntary Civil Commitment Criteria and Community Treatment Orders
This is the first of a two-part post on Thompson v Ontario. Part 1 discusses (1) the section 7 Charter analysis undertaken by Belobaba J of the Ontario Superior Court and accepted by the Ontario Court of Appeal; and (2) the Court of Appeal’s holdings on (a) the role of the application judge in adjudicating […]
Eligibility for Full Pension is Not a Relevant Factor in Calculating Termination Notice Entitlement: Ontario Court of Appeal Rules
In Arnone v Best Theratronics Ltd, 2015 ONCA 63 [Arnone], the Ontario Court of Appeal revisited the issue of damages calculation in wrongful dismissal cases. The decision confirms that courts must continue to apply the analysis from Bardal v The Globe and Mail, 24 DLR (2d) 140 (Ont HC) [Bardal] to determine what constitutes reasonable notice […]
Constructive Murder Committed on 18th Birthday: Conviction Upheld and Law Clarified in R v White
In a particularly lengthy decision, the Ontario Court of Appeal ("ONCA") dismissed the appeal of a conviction for first degree murder in R v White, 2014 ONCA 64 [White]. The appellant and two co-accused were convicted in 2009 for the tragic 2007 stabbing death of Brampton youth, Akila Badhanage. On appeal, the appellant White raised three […]
With Divided Medical Evidence in NCR Case, ONCA is Deferent to Jury: R v Downs
The not criminally responsible ("NCR") regime is currently the subject of media and public scrutiny, with the proposed reforms of Bill C-14 (formerly C-54; Not Criminally Responsible Reform Act) in the Senate. In the recent decision of R v Downs, 2014 ONCA 20 [Downs], the Ontario Court of Appeal ("ONCA") reviewed a case in which an […]
Conservatives Twist Trudeau’s Tweet: Guns, Rights, Judges, and Mandatory Minimums
Further to my bulletin posted here, on November 12, 2013, the Court of Appeal for Ontario (ONCA) has struck down the three-year mandatory minimum sentence for possession of prohibited or restricted firearm (with ammunition either loaded or easily accessible; s. 95 of the Criminal Code) in a series of six decisions. The unanimous decisions come […]