Insider

This post summarizes a Federal Court case which dealt with the admissibility of Aboriginal oral history which would normally be considered hearsay

Shakespeare once said that a rose by any other name smells as sweet.

Can a bailee rely on a limitation of liability clause to avoid liability for negligence?

The Supreme Court of Canada held the unpaid concessionaire of a toll highway could not block the licence renewal of a driver who obtained a discharge from bankruptcy listing outstanding tolls.

Here it cannot be said that [insurance adjuster] balked at his cross-examination or that the Plaintiff was in any manner frustrated in doing a meaningful cross-examination.

Recent case finds passenger not arbitrarily detained at roadside when vehicle pulled over by police

Recent decision in which a Saskatchewan court refused to retroactively vary a fixed and definite child support agreement.

The plaintiff was successful on the motion.

In anticipation of an attack on the adequacy of the police investigation as a defence to the first-degree murder charge, the Crown sought to lead some investigative hearsay evidence. Although a voir dire was held, the Court declined to rule on its admissibility in the absence of any indication that the accused would be raising such a defence.

No basis to interfere with finding accused did not invoke his right to speak to counsel under s. 10(b) of the Charter of Rights and Freedoms

Ontario Power Generation Inc. v. Greenpeace Canada | 2015 CarswellNat 4258 | Federal Court of Appeal

… a court can take into account erratic driving in conjunction with other pieces of evidence in determining whether there is evidence of some degree of impairment of the Accused's driving.