R v Haevsicher, 2023 SCC 11  The Issue What is the standard to be applied when a judge is asked to summarily dismiss an application without hearing it on the merits. In this case, the more precise question is “when is it appropriate to summarily dismiss an application for a stay of proceedings for abuse of process”. The Answer Applications should only be summarily dismissed, without a hearing on the merits, where it is determined that the application is manifestly frivolous. The Court explained: Thus, the “manifestly frivolous” standard, which connotes the obvious necessity of failure, i ..read more

Issues with the sales process or the possibility to terminate the agreement in the future may sometimes lead to issues for consumers who acquire timeshares. Timeshares were more widespread in Europe throughout the 1980s due to the area experiencing a period of tremendous economic expansion at the time. There have been multiple allegations that sales teams for timeshare companies have lied to customers about the opportunities for customers to use timeshares as investments, and the businesses that offer timeshares have been accused of engaging in aggressive and dishonest sales practices. In add ..read more

R v Ching, 2019 ONCA 619 The Issue When does the transferred intent provision in s 229(b) apply to a planned and deliberate first-degree murder pursuant to s 231(2). Put differently, where an accused kills someone other than the intended target of their planning and deliberation, will they be guilty of first-degree murder. The Answer In order for the murder of a person, who was not the intended target of a planned and deliberate murder, to constitute first-degree murder as a planned and deliberate killing pursuant to s 231(2), the killing occur by accident or mistake during the course of carry ..read more

R v Bajich, 2019 ONCA 586 The Issue Can confidential informant information be substantially relied upon to justify an arrest? The Answer If the information from the CI is sufficiently credible, compelling and corroborated it may be sufficient to support reasonable grounds for an arrest. Notably, with respect to corroboration, the evaluation is contextual. It is not the number of observations/information that determine if there is sufficient corroboration, but whether the observations/information are capable of rebutting innocent explanations. The Details Kresimir Bajich was dealing drugs out o ..read more

Many people have asked whether getting a vehicle is an asset or not. Well, you should know that there are many sides to answering this question. But by and large, a vehicle is considered an asset. The reason is that it aids mobility as movement from one point to the other can happen seamlessly with it. However, the twist to this answer is that getting a vehicle for some involves taking out an auto loan. The vehicle remains an asset but the way it was obtained (the auto-loan) adds a touch of liability to it. If you would like to understand why it is considered a depreciating asset, you can vis ..read more

Many people have asked whether getting a vehicle is an asset or not. Well, you should know that there are many sides to answering this question. But by and large, a vehicle is considered an asset. The reason is that it aids mobility as movement from one point to the other can happen seamlessly with it. However, the twist to this answer is that getting a vehicle for some involves taking out an auto loan. The vehicle remains an asset but the way it was obtained (the auto-loan) adds a touch of liability to it. If you would like to understand why it is considered a depreciating asset, you can vis ..read more

A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency, or any entity. Tort law, which is an area of civil law, covers all aspects of personal injury cases. Many qualities are essential for a personal injury lawyer. Here are the top ones.  Knowledge A personal injury lawyer must be knowledgeable about the law. They must know how to interpret the law and apply it to the facts of a case, whether the case requires knowledge of bicycle a ..read more

After a car accident, many things are uncertain. Determining fault is one of the haziest aspects after a car accident. Many drivers admit undue liability and insurance companies can also engage in deceptive tactics to obscure the truth, further complicating the process.   This article discusses what determines fault in car accident cases. State law has a significant impact on determining fault but so do insurance companies, police reports, eyewitnesses, and the drivers themselves. Continue reading to learn all there is to know about what determines fault in car accident cases. If you are ..read more

Lawyers are human and they can make mistakes too. However, if something bad happened to you due to neglect, it can’t be labeled as a mistake. While you have the option to get justice on this behavior, no one would want to go through that experience when he is already dealing with an issue.  You can avoid this issue by hiring a criminal lawyer that has a good name in the industry and works with passion and staying connected with him at every step. You should not just leave everything to the lawyer, and make updates at every step and make sure all deadlines are being met.  Change the l ..read more

Being born with a disability or developing a disability at a later stage of your life shouldn't stop you from achieving the best in your life. People born with different abilities no longer have to suffer in the world compared to the past.  In this day and age, disabled people can join the industry and continue to achieve more in their lives. But there might be circumstances when a person with a disability can undergo problems like not getting their CPP plan approved.  Hiring disability insurance lawyers is the best thing to do if a disabled person struggles to get the right treatmen ..read more