penalty
A response to R v Boutilier and the Constitutionality of Indeterminate Sentences
The following post responds to Devon Kapoor’s earlier case comment, which can be found here. Mr. Kapoor’s insightful post discusses a central issue in R v Boutilier, 2017 SCC 64 [Boutilier]: whether indeterminate sentences, as outlined in section 753(4.1) of the Criminal Code RSC 1985, c C-46 [Code], are unconstitutional under section 12 of the […]
Doctors and Discipline: Deference to the Penalty Decision in College of Physicians and Surgeons of Ontario v Peirovy
On January 17, 2017, the Divisional Court at the Ontario Superior Court of Justice ruled on College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136 [Peirovy], creating questions about the degree of deference courts should afford to disciplinary committees in self-governing professions. Peirovy has since been granted to leave to the Ontario […]
Defaulting Purchasers Lose their Deposits, Even in Rising Real Estate Markets
Normal 0 One of the fundamental principles of contract law is that damages are based on the actual loss suffered by the innocent party when there is a breach of contract. Damages restore the innocent party to the position she would have been in if the contract had been fulfilled. However, she is required to […]