Author: Rachael Kwan

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Police Investigating Police in Romanic v Johnson

In this case, the Ontario Court of Appeal addresses a civil suit brought by a former policeman against the Niagara Regional Police Department (NRPD), several individual police officers and a former employee. The appellant alleged the torts of negligent investigation and malicious prosecution following the NRPD’s criminal investigation of the appellant.

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Finding the City Negligent in Williams v Toronto (City)

In Williams v Toronto, 2012 ONCA 915, the Ontario Court of Appeal explores the relationship between the City and a tenant, Mr. Williams, over loss of rent paid by tenants owed reduced rent under a statutory rent-reduction scheme. This case determined that there could be sufficient relationship between the tenants and the City to ground a cause of action in negligence in the initial stage of a class proceeding against the City.

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LeBlanc v Doucet: Recovery of Interest in Cost Awards for Personal Injury Claims

In a unanimous decision, the New Brunswick Court of Appeal in LeBlanc v Doucet and the New Brunswick Power Corporation, 2012 NBCA 88 held in favour of a plaintiff’s ability to recover interest on a loan used to pay for legal fees in a personal injury claim. On September 23, 2004, Francis LeBlanc was seriously injured when a van driven by Doucet entered his lane on a turn and collided with his motorcycle. At the time of the accident, LeBlanc was a 17-year-old student living with his parents. Unable to pay the cost of litigation, LeBlanc secured a loan from a...

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R v CD: “Frailties in Evidence” and Post-Offense Injury Considerations in Sentencing

In R v CD, 2012 ONCA 696 the Ontario Court of Appeal unanimously substituted a 30-month prison sentence for a two-year conditional sentence due to the “extraordinary” circumstances of the facts of the case. The appellant was a quadriplegic convicted of multiple counts of sexual assault against a minor living in the house above the basement he was renting.

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R v Punko: Issue Estoppel and the Bridge between Provincial and Federal Criminal Offences

The ability of the Crown to address issues raised generally in previous cases enables the government to effectively fight organized crime. However, the accused is entitled to the application of issue estoppel where the contentious issue has already been resolved in their favour in a prior proceeding. In R v Punko, 2012 SCC 39, the Supreme Court of Canada (SCC) addresses the scope of issue estoppel in the criminal context.