December 2016

More than a Reasonable Doubt

Mr. Justice William Horkins of the Ontario Court of Justice found Jian Ghomeshi not guilty of all counts today in a sexual assault trial that has gained significant notoriety in Canada. I previously <a href="" target="_blank">wrote about</a> the Ghomeshi case in the context of the tactic employed by his defence counsel, Marie Henein. I argued [...]

Batman vs. Superman: Who would win in a Court of Law?

Batman v. Superman: Dawn of Justice will soon be released in North America. The plot of the movie includes both superheroes consensually and emphatically beating each other up. So it appears reasonable to ask: could either one sue the other in court and seek damages for personal injuries after the fight ends? To answer this [...]

Martin Shkreli Pleads the Fifth at Congressional Hearing! What if he were in Canada?

Today embattled drug entrepreneur Martin Shkreli testified at a Congressional hearing convened to discuss prescription drug prices. Shkreli gained notoriety when he, formerly as CEO of a pharmaceutical company, purchased a drug used to treat AIDS patients and hiked its price up over 5000%. In December of 2015, he was arrested by the FBI for [...]

Did you Get the License Plate of the Car that Hit You?

In a "Hit & Run" scenario where someone's vehicle collides with yours (or with you as a pedestrian), your legal claim for compensation can be dismissed if you do not make reasonable efforts to ascertain the identity of the unknown owner or driver of the vehicle. Section 24 (5) of the Insurance (Vehicle) Act requires [...]

Foreclosures in BC: Understanding the Process and your Rights

Most of us who have bought property (either commercial or residential) have borrowed money to finance the purchase. One of the tried and tested ways lenders secure their mortgage loans is to take a mortgage on the property being purchased. The borrower is called the mortgagor because he or she mortgages his/her property to the [...]

“Self Driving Car” Not Liable for Injuring Pedestrian

Well, not quite. While the law grapples with how to deal with the soon to be oncoming influx of self-driving cars and their impact on motor vehicle accident negligence laws in BC, we can reasonably predict that any such laws will be predicated on the existing negligence laws already in place. One staple of the [...]

Yes, you can go to jail for that: contempt of court in Canada.

Litigants involved in civil proceedings can go to jail for disobeying Court orders. Contempt of court in Canada is the only remaining common law offense in the Criminal Code. It reflects the Court's inherent common law power to control its own processes. Examples of behaviour that could amount to contempt include: misbehaving in court (e.g. [...]