Author: David Michaels

  • Liability of Cities In Canada

    Cities in Canada can be held liable for negligence claims, even if the injuries result from policy decisions. In Nelson (City) v. Marchi 2021 SCC 41, the Supreme Court of Canada ruled that cities owe a duty of care to people in their cities even when an injury results from a so called policy decision. What […]

  • Criminal Law Resources

    Canadian criminal law is codified under an Act of Federal Parliament called the Criminal Code: The 1867 Constitution Act divides the authority to make criminal laws and the authority to investigate and prosecute crimes. Section 91(27) authorizes the federal government to create legislation in relation to criminal law. And section 92(14) authorizes the provincial and […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]