Empty beer cans in the accused's vehicle gave an air of reality to the possibility that the accused engaged in bolus drinking

R. v. Curry (2016), 2016 BCSC 1435, 2016 CarswellBC 2152 (B.C. S.C.)

This post provides an introduction to the process by which new businesses become incorporated in Ontario, including an overview of the applicable legislation, the restrictions on and procedures for incorporation, the requirements for incorporators, and the corporate constitution.

Join top legal industry professionals and change leaders at The Emerging Legal Technology Forum September 22.

Alberta court holds accused failed to establish privacy interest in text messages sent from cell phones belonging to third party

Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay

Supreme Court of Canada upholds taking of penile swab as lawful search incidental to arrest in sexual assault case

In a recent decision, the Ontario Court of Appeal overturned the decision of the trial judge to admit evidence of 50 marijuana plants, holding that the evidence was obtained in a manner that violated the accused's Charter rights and that the breaches were close to "the extreme end of seriousness."

In addition to the provincial statutes governing the division of family property on breakdown of marriage, equitable trust principles continue to apply in family law cases. This post explores when unjust enrichment and the presumptions of advancement and resulting trust apply in family law.

This post outlines the general principles of trusts, including: trusts distinguished from other relationships, secret trusts, express trusts, the three certainties, precatory trusts, application of the Statute of Frauds, and the creation of an express trust.

This sample legal memo discusses how long "as soon as practicable" is within the meaning s.254(3).

This post gives an overview of the criminal law procedure involved in arrests, including a definition of the term, notice required, arrest without a warrant, and the powers of a peace officer incidental to arrest.