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R. v. Rafferty

I was extremely impressed with the recent editorial in the Hamilton Spectator acknowledging that the trial judge in the Rafferty case was right in excluding the evidence found as a result of a warrantless search of the computer found in his car.  The issues are emotionally charged and complex.  The easier and more popular choice would [...] Read More »

May 18th, 2012 | Posted in Criminal Law | No Comments


Dear Paris and Kim, You May Finally Have a Cause of Action in Ontario.

The dissemination of one’s private proclivities without one’s permission was not, until recently, subject to the stand alone cause of action of the theft of one’s private information in Ontario. Indeed, in Ontario, there is no tort of invasion of privacy. Paris Hilton and Kim Kardashian, both of whom I understand claimed at one time [...] Read More »

March 27th, 2012 | Posted in Business Litigation | No Comments


Graham James – Critics, including the victims, say “Not long enough”. But is it?

The case of Graham James, convicted sex offender and former hockey coach, has raised considerable ire amongst the public and media recently.  He was given a 2-year penitentiary term for having abused former hockey star Theoren Fleury and another teammate back in the 1990’s when he coached them in Manitoba junior hockey.  Critics, including the [...] Read More »

March 26th, 2012 | Posted in Criminal Law | No Comments


Do the gun crime, do the prison time, use the gun laws to put thugs away

To the Editors: While there may be a measure of attractiveness to the notion that jailing someone, regardless of the circumstances of the offence or the background of the offender, to a long jail sentence for a brief possession of a loaded handgun will teach others of a like mind not to do so, the [...] Read More »

March 12th, 2012 | Posted in Criminal Law | No Comments