Legal Insight - Current news, cases, and ideas affecting law and practice

Legal Insight
Current news, cases, and ideas affecting law and practice.

Archives : 2014

Evidence law is a notoriously complex area of law. Some of its reputation is attributable to the difficult concept of hearsay evidence, which is generally inadmissible unless it falls within one of several established exceptions. Another difficult concept, which the CED tackles with aplomb, is similar fact evidence. The following post clearly and succinctly explains what similar fact evidence is, why it is potentially dangerous, and the circumstances in which it can be used. It is eminently helpful to those who seek a fuller understanding of evidence law.

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Word of the Week - Drung

Fennemore v. Mercer | 2013 CarswellNfld 220 | Kendra J. Goulding J.

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Legal Wit — The Old

I reject as absurd fabrication the 'dead animal carcass' on the side of the road defence.

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With westlaw Canada, researchers have a new tool in KeyCite to help them identify relevant citing references. Learn more about Depth of Treatment with this research tip.

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Mobility — Voice of the Child, Exceptions to the Hearsay Rule

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Legal Wit —

At the police station [the defendant] was advised that a breath sample was being requested.

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Re Marasse | 2014 CarswellSask 25 | Saskatchewan Court of Queen's Bench

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Word of the Week - Dizziness

Moukhine v. Collins | 2012 CarswellBC 182 | Watchuk J.

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Legal Wit — The Smell of Burning Money

There is much about this case that resembles a Family Court proceeding involving an adulterous spouse: passion has pilfered all perspective; judgment that would otherwise be insightful is clouded; bitterness hangs in the air; and, the IQs of the parties have temporarily dropped to the ambient temperature of the courtroom (otherwise, why would this family be exposing its dirty corporate laundry in such a public forum).

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How can researchers find cases dealing with offences enacted since the print Criminal Law title was last reissued? Learn how with this research tip.

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Wrzesnewskyj v. Canada (Attorney General) | 2012 CarswellOnt 12998 | Rothstein, Moldaver JJ.

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