Categories
Court Rules

Judges may sanction lawyers for overreaching in the US

In the US Federal Court system, judges may sanction lawyers for overreaching under Rule 11: Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the […]

Categories
Lawyers

Conflict of Interest and Independent Legal Advice

What is a Conflict of Interest? Conflict of Interest arises when our interest conflicts with another’s to whom we owe a duty. Two basic types of conflict of interest are: A person may have a conflict of interest when representing two parties who have conflicting interests with each other. If a person in a position of trust […]

Categories
Criminal Cases

Unlawful assembly while wearing a mask or other disguise

Unlawful assembly while wearing a mask or other disguise is a criminal offence in Canada, under section 66(2) of the Criminal Code of Canada. Punishment for unlawful assembly 66 (1) Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction. Concealment of identity (2) Every person […]

Categories
Rule of Law

Can family represent you in court?

The PEI Court of Appeal answered the question about whether can family represent you in court in Ayangma v. Charlottetown (City) et al., 2017 PECA 15. In considering whether a father could represent his son in court, the court of appeal said yes after reviewing the following criteria: The extent of the representation requested; Whether the […]

Categories
SLAPP

File a defence or bring a motion to dismiss a SLAPP case?

Do I file a defence or bring a motion to dismiss a SLAPP case? Ontario enacted an anti-SLAPP statute to stop “strategic lawsuits against public participation” defamation cases in 2015. In United Soils Management Ltd. v. Katie Mohammed, 2017 ONSC 904, COURT FILE NO.: CV-16-560261, the Ontario Superior Court decided that since the defendant filed her motion […]

Categories
Definitions

Candor

Police officers and lawyers both have a duty of candor to a court, whether they are testifying under oath or not. This applies in Canada and the USA. Duty of Candor Duty of candor refers to duty of a public authority to disclose material facts. The general duty of candor requires attorneys to be honest […]

Categories
Criminal Cases

RCMP applicant arrested for being too honest

It is important that all RCMP officers display candor when completing forms and testifying. In this case, an RCMP applicant was arrested for being too honest, according to some women. Ms. Barbara George applied to join the RCMP. Part of the screening process involved a questionnaire which asked if she had “ever engaged in sexual activity […]

Categories
Supreme Court Cases

Equustek worldwide injunction against Google

Google lost its appeal to the Supreme Court of Canada on June 28, 2017. The case is called Google Inc. v. Equustek Solutions Inc., et al. And the decision solidifies the worldwide injunction made against Google by a Canadian superior court in British Columbia, Canada. The Supreme Court of Canada decision in Google Inc. v. Equustek Solutions […]

Categories
Criminal Cases

Douglas Garland trial: killed an inventor and his wife and grandson

Prosecutors told a Calgary court that Douglas Garland killed a Calgary couple and grandson over a “petty grudge,” over a patent dispute and burned their bodies in a barrel after killing them. In her opening statement, Crown prosecutor Vicki Faulkner said Garland was angry with Alvin Liknes over a 2007 dispute relating to a patent for […]

Categories
Supreme Court Cases

Windsor (City) v. Canadian Transit Co. 2016 SCC 54

The Supreme Court of Canada ruled that the Federal Court does not have inherent jurisdiction: To decide whether the Federal Court has jurisdiction over a claim, it is necessary to determine the essential nature or character of that claim. Determining the claim’s essential nature allows the court to assess whether it falls within the scope […]