Searching Content indexed under Criminal Law by Borden Ladner Gervais LLP ordered by Published Date Descending.
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Court Concludes Police Owed No Private Law Duty Of Care To Victim Of Unexpected Shooting
In the recent decision of Barrs v. Halton Regional Police Service, 2019 ONSC 4403, BLG was successful in having a plaintiff's claim dismissed on a motion for summary judgment.
9 Aug 2019
Endossement frauduleux et vol d'identité : la Cour d'appel détermine qui de deux parties innocentes doit subir la perte liée à l'encaissement d'un chèque par un fraudeur
Dans Gescoro inc. c. Rémillard, la Cour d'appel du Québec s'est prononcée sur la question suivante : qui, entre deux parties innocentes, doit subir la perte liée à un chèque fait à l'ordre d'une personne ayant usurpé l'identité d'autrui?
30 Jul 2019
AML Enforcement In Canada: Budget 2019 Targets Financial Crime And Trade-Based Money Laundering
The 2019 federal budget introduced several proposed changes to Canada's Anti-Money Laundering (AML) regime to make it easier to investigate suspected money-laundering, share information among government entities...
2 May 2019
Court Of Appeal: Effect Of Sex Offender Registries Legislation On Mentally Ill Accused Is Unconstitutional
On April 4, 2019, the Court of Appeal for Ontario released its decision in G v Ontario (Attorney General), finding that the presumptive effect of provincial and federal sex offender registry legislation was unconstitutional as it applies to persons
30 Apr 2019
Ignorance May Not Be Bliss, But It Can Be Beneficial: Evidence Of The Conduct Of A Judgment Creditor Can Be Used In Certain Circumstances To Engage Section 178(1)(D) Of The Bankruptcy And Insolvency Act
The Defendant was a dentist who had executed a personal guarantee on July 7, 2011 in favour of the Plaintiff (the "Bank") in order to secure payment of the indebtedness of the Defendant's professional
11 Apr 2019
Court Rules Excluded Wiretap Evidence Admissible In Civil Trial
A "very active crack cocaine trafficker" is acquitted of a crime because the wiretap evidence against him is excluded in his criminal trial. What happens when he brings a civil action
13 Feb 2019
Anti-Money Laundering And Fraud In Canada
Canada's money laundering, terrorism financing and fraud laws are highly developed.
17 Jan 2019
Tougher Impaired Driving Penalties To Significantly Impact Permanent Residents And Foreign Nationals
The enactment of Bill C-46 on December 18, 2018 has significantly changed Canada's impaired driving legislation and related offences under the Criminal Code.
17 Jan 2019
Recent OSC Settlement Highlights Importance Of Carefully Considering Foreign Corruption Risk
On December 18, 2018, the Ontario Securities Commission (OSC) approved a settlement with Katanga Mining Ltd. (Katanga) in relation to misleading disclosure.
3 Jan 2019
Supreme Court Clarifies Process For Challenging Production Orders
Production orders under the Criminal Code are powerful investigative tools used by law enforcement to compel documents from organizations that are not themselves under investigation.
10 Dec 2018
Party's Over: Duty Of Care Of Social Hosts Hinges On Fact-Specific Determinations Of Foreseeability And Proximity
In the recent decision of Williams v. Richard, 2018 ONCA 889, the Ontario Court of Appeal reviewed the case law on social host liability in Ontario and concluded that a variety of "factual permutations" could give rise to a positive duty of care of social hosts.
23 Nov 2018
Suite À L'acquittement D'accusations Pénales Portées Contre Un Individu Par L'amf, Quelle Est L'étendue De L'immunité Dont Jouit L'amf Dans Le Cadre D'une Poursuite Civile?
Le 17 octobre dernier, la Cour supérieure du Québec, sous la plume de l'honorable Danielle Turcotte, J.C.S., faisait le point sur l'immunité dont jouit l'Autorité des marchés financiers (l'«AMF»)...
31 Oct 2018
Legalization Of Cannabis In Canada And Vessel Operation
With the coming into force of the Cannabis Act and An Act to amend the Criminal Code (Bills C-45 and C-46, respectively), Canada has now become the second country in the world to legalize recreational cannabis.
22 Oct 2018
Enhanced Fact-Finding Powers Used To Grant Summary Judgment In Fraud Claim
In a September 4, 2018 decision, Justice Sally Gomery used enhanced fact-finding powers under Rule 20 of the Rules of Civil Procedure to grant summary judgment in a fraud claim, despite the existence of...
4 Oct 2018
Police Record Checks Legislation Comes Into Force November 1, 2018
On December 1, 2015, the Ontario government unanimously enacted the Police Record Checks Reform Act, 2015 (the Act).
25 Sep 2018
Teacher With Camera Pen Acquitted Of Voyeurism
In a recent criminal case in the Ontario Court of Appeal, a teacher was acquitted on a charge of voyeurism under section 162 of the Criminal Code despite having surreptitiously recorded 27 female students ...
25 Sep 2018
Deferred Prosecution Agreements Are Coming To Canada
​On September 19, 2018, deferred prosecution agreements (DPAs) will become available to resolve corporate offences in Canada under the Criminal Code and the Corruption of Foreign Public Officials Act.
20 Sep 2018
Can Incriminating Evidence From An Administrative Investigation Be Used In A Foreign Jurisdiction?
In Mallat c. Autorité des marchés financiers de France, Justice Carol Cohen of the Superior Court of Quebec clarified how foreign authorities can obtain the help of Quebec's financial regulator ...
11 Sep 2018
Reminder: Litigants Should Withdraw Unfounded Allegations Of Fraud – And Do It Early – Or Risk Cost Consequences
The recent decision of 0932053 B.C. Ltd. v. TBM Holdco Ltd., ("TBM Holdco") serves as a caution to litigants advancing unfounded allegations of fraud to abandon these claims well in advance...
11 Jul 2018
Court Of Appeal Overturns Trial Decision On Police Negligence Investigation, False Arrest, False Imprisonment And Charter Breach
In Tremblay v. Ottawa (Police Services Board), 2018 ONCA 497, the Ontario Court of Appeal overturned the trial decision of Aitkin J. finding the Ottawa Police Service Board ("OPSB") liable...
11 Jun 2018
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