Articles 2021

Where is the balancing point between the accused's right to disclosure and a confidential informant's right to confidentiality? Jaki Freeman describes the unsettled law in this area and what might lay ahead.

Is there a place for tough questioning in a sexual assault trial? Defence counsel and OBA Criminal Executive Chair Jody Berkes weighs in.

For a quick snapshot of the Supreme Court of Canada's latest, check out Enzo's 6-word SCC Summary.

A succinct summary of the last month's Ontario Court of Appeal criminal cases.

One of Canada's preeminent lawyers asks for help out of the "straitjacket of stare decisis."

In R. v. Jackson, the Ontario Court of Appeal sought to "discourage unmeritorious third party records applications" by circumscribing the limits of traditional disclosure.

Crystal Tomusiak serves up this month's offerings from the Ontario Court of Appeal.

With Charter remedies providing the only defence to many criminal charges, gathering evidence to support these claims is integral to full answer and defence. However, Courts seem to be watering down the Crown's disclosure obligations as they apply to "Charter evidence." Is this true, and if so, what can be done about it?

On September 14, 2015, the Ontario Court of Appeal released its decision in Pruner v Ottawa Hunt and Golf Club, Limited. The Court held that Mr. Pruner was not entitled to keep his voting Class B share if he wants to transfer from being a Fully Privileged Golfing Member to a Senior Social Member. Furthermore, the Court dealt with a jurisdictional issue involving orders under the Ontario Corporations Act.