Access to Justice
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January 22, 2025
B.C. Appeal Court measures relevance of honest but mistaken belief in victim’s age
Kyle Knight was charged with sexually interfering with E.M. and touching her body for a sexual purpose with a part of his body when she was one month short of turning 16. At trial, the key issue was whether the defence of honest but mistaken belief in age had been made out.
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January 21, 2025
NWT releases feedback on expanding role of dental hygienists
The Northwest Territories has released input gathered from various stakeholders on proposed changes as to how dental hygienists are regulated — changes that would include removing dentist supervision and allowing hygienists to “practice their full skill set.”
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January 21, 2025
Understanding the latest amendments to Ontario’s Family Law Act: Key changes for 2024
In 2024, significant updates were introduced to the Family Law Act through c. 28, Schedule 9, ss. 1-3, which bring notable changes to specific areas of family law. These amendments aim to simplify legal processes, enhance the enforceability of arbitration awards, and provide greater clarity in legal language. Understanding these changes is crucial not only for legal professionals but also for families navigating Ontario’s legal system.
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January 21, 2025
Appeal court considers how jail conditions, pandemic, timing of offences affect sentencing
It happened around 6 p.m. on Dec. 31, 2020, New Year’s Eve in Vancouver. The Vancouver Police Department responded to a report of a serious and unprovoked assault near Granville and Helmcken streets.
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January 17, 2025
Proposed class action launched against Indigo Park for alleged false or misleading prices
Burnaby, B.C.-based Evolink Law has launched a proposed class action lawsuit against Indigo Park Canada Inc. alleging that the Montreal-based parking giant is unlawfully charging customers obligatory “junk fees” that make the represented price unattainable.
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January 17, 2025
Yukon community groups get funding for crime victims
Numerous “community-led” projects aimed at helping crime victims in Yukon are benefiting from a dedicated trust fund.
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January 17, 2025
Federal Court of Appeal discourages Tax Court from sending out draft judgments to parties
Draft decisions are best kept behind closed court doors, the Federal Court of Appeal has indicated in a decision admonishing the Tax Court of Canada for sending out a draft copy of a decision for review by the parties involved. “We wish to comment on the practice the Tax Court followed here,” Justice David Stratas wrote for the three-judge panel in a recent decision in Doostyar v. Canada 2025 FCA 6.
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January 17, 2025
Sentencing appeal unveils harm-filled trail of fraudulence
In the movie Catch Me if You Can, Leonardo DiCaprio portrays the notorious con artist Frank Abagale Jr., who poses as a doctor, lawyer and airline pilot before being apprehended by the FBI. The movie makes for good entertainment, but we seldom appreciate the harm that fraudsters can do to their unsuspecting victims.
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January 16, 2025
Murder appeal raises question: Can judges overstep authority?
It is trite to say that the judge is the trier of law, and the jury is the trier of fact. Can judges in criminal jury cases overstep their authority by refusing to allow a jury to consider a lesser and included offence as part of the jury’s deliberation? This was the first argument raised by Toronto criminal lawyers Nathan Gorham and Breana Vanderbeek in the appeal of James Scordino’s conviction for first-degree murder. The Ontario Court of Appeal issued its answer to the question on Jan. 13, 2025, in R. v. Scordino, 2025 ONCA 12.
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January 15, 2025
Class action brought against Walmart, Loblaw, Sobeys for allegedly overpriced meat products
A proposed class action has been launched against Walmart, Loblaw and Sobeys alleging that the weight of packaged raw and cooked meat sold by the grocery giants is often misrepresented, making the product overpriced.