OCA expands grounds for reversal of HIV-related non-disclosure sexual assault convictions
Wayne Cunningham says Rubara goes beyond existing scientific consensus By Julius Melnitzer | October 28, 2022 The Ontario Court of Appeal has overturned a six-year-old aggravated sexual assault conviction of a man who did not disclose his HIV-positive status to a sexual partner of three months’ standing. The decision in R. v. Rubara expands on the court’s […]
LSO revokes license of ‘ungovernable’ Hamilton lawyer
Gavin MacKenzie says a penalty for ungovernability other than revocation is hard to justify By Julius Melnitzer | October 24, 2022 In a rare finding, the Law Society Tribunal has revoked the license of Hamilton lawyer Gerald Culliton on the ground that he was “ungovernable.” “Often, ungovernable lawyers are found guilty of other serious professional […]
Trial judge may consider accused’s Indigeneity in criminal records admissibility determination: OCA
Decision dispels controversy about whether Gladue principles apply to trial process By Julius Melnitzer | September 30, 2022 The Ontario Court of Appeal has ruled that trial judges may consider an accused’s Indigeneity in determining whether their criminal records are admissible in cross-examination. “This is an important and helpful legal precedent on an issue that […]
Female officer’s strip search of male lawful in ‘exigent circumstances’: Ontario Court of Appeal
Michelle Psutka of Scott Fenton Barristers By Julius Melnitzer | September 19, 2022 The Ontario Court of Appeal has ruled that the strip search of a male accused in the presence of a female officer did not violate the accused’s Charter rights because the search took place in “exigent circumstances.” “The Court of Appeal’s reasons […]
Ontario Court of Appeal catches up with HIV science in voiding decade-old sexual assault conviction
Decision highlights need for broader approach for HIV nondisclosure conviction reviews: Colleen McKeown of Daniel Brown Law LLP. BY Julius Melnitzer | September 6, 2022 Relying on new scientific evidence, the Ontario Court of Appeal has overturned the 2013 aggravated sexual assault conviction of a woman who did not reveal her HIV status to an unprotected […]
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By Julius Melnitzer | December 6, 2021 JUDGE TAKES FOUR YEARS TO DELIVER REASONS AFTER THREE-DAY TRIAL The trial involved only three days of evidence. But Judge Kofi Barnes of the Ontario Superior Court took four years to deliver reasons. And that was some 31 months after Shane Artis appealed his conviction and 10-year sentence […]
Cryptocurrency: the Wild West no more?
By Julius Melnitzer | June 22, 2021 There’s a serious irony in the notion that the cryptocurrency landscape still resembles the Wild West. “I would argue that it never did,” says David Rotfleisch of Toronto-based tax boutique Rotfleisch & Samulovitch P.C. “After all, it’s based on blockchain, which records every single transaction on a ledger […]
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By Julius Melnitzer | June 7, 2021 OCA: COUNSEL’S FAILURE TO EXPLAIN BLENDED PROCEDURE IMPACT VITIATES CONVICTION The Ontario Court of Appeal has ruled that an accused who testified and made what amounted to a full confession on a voir dire should have his conviction overturned because counsel failed to advise him before agreeing to […]
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By Julius Melnitzer | May 16, 2021 REMOTE WORK: THE DISCONNECT The Littler 2021 Annual Employer Survey Report has uncovered a “disconnect” between employers and employees about what the return to physical workspaces should look like. The following paragraph says it all: While 71 percent of employers surveyed believe that most of their employees who […]
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By Julius Melnitzer | May 7, 2021 FCA : West Bank wine is not necessarily “Product of Israel” The Federal Court of Appeal has upheld a lower court ruling that “Product of Israel” labels on wines produced in the West Bank were “false, misleading and deceptive”. The court remitted the matter back to the Complaints […]