Circumstances dictate which defence is best with assault charges

Police and the Crown treat assault allegations seriously, which is why it is why you should consult with an experienced criminal lawyer if you are being investigated for this offence. In all cases, the best line of defence depends on the circumstances and the evidence. To read more, click here. More from Dunn & Associates: Understanding […]

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Reverse class action judgment needs to be reversed

By Tony Poland, LegalMatters Staff • The recent decision of the Federal Court of Appeal addressing certification of a defendant’s class action demonstrates a fundamental misapprehension of the essential differences between a plaintiff’s class action and a defendant’s class proceeding says Toronto class-action lawyer Margaret Waddell.   Waddel, a partner with Waddell Phillips Professional Corporation, says the recent decision

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Nygard’s ‘consent committal’ signals a whole new round of extradition

CTV National News and even the New York Times got it wrong: Peter Nygard did not consent to extradition when he appeared in court in Winnipeg on Oct. 1. Had he wanted to do so, he would have agreed to a “consent to surrender” (s. 71 of the Extradition Act) – a different beast entirely

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Understanding what is considered assault in Alberta

When it comes to crime, assault is one of the most common offences in Alberta. Statistics Canada reports there were 47,797 victims of violent crime and criminal traffic offences causing death or bodily harm reported by police in the province in 2016. The charge encompasses many actions, ranging from asking for money in a threatening

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Consent is a key issue with many sexual assault allegations

With many sexual assault allegations, the key issue is whether consent was given. The court has determined that consent is an ongoing conversation – perhaps non-verbal – between partners to make sure both are comfortable at all stages of physical interaction. If a person allows you to kiss them, that does not give you permission

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Video footage may not always establish identity with theft charges

In every case where someone is charged with theft, their best defence always depends on the circumstances and the evidence the Crown has. If they are relying on video evidence that shows someone stealing an item, maybe that footage is too unclear or low-quality to prove it is you. To read more, click here. What

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Willy Wonka ad shows effectiveness of social media IP policing policies

By Tony Poland, LegalMatters Staff • The Willy Wonka attack ad against Justin Trudeau on Twitter is a good example of how intellectual property rights enforcement procedures on social media platforms can give rights owners much quicker results than courts, says Toronto IP lawyer John Simpson. Early in the recent federal election, Twitter pulled the Conservative Party

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TLA offers advice for lawyers thinking of starting their own firm

By Tony Poland, LegalMatters Staff • Time is running out for lawyers looking to strike out on their own to register for a Toronto Lawyers Association (TLA) online program filled with tips and experienced advice on starting a law firm. What Law School Didn’t Teach You: Starting Your Own Law Firm, begins Sept. 29 with Part 2 on

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