Articles
Essential elements of the tort of negligence
The field of negligence is delineated by considerations of whether it is appropriate, or fair, for a duty of care to be imposed. Courts in Ontario have defined and elaborated this duty. This article examines the features of the tort of negligence, and the tests and rules that have developed and refined the tort, by applying them to a hypothetical scenario involving an automobile accident.
Introduction to procedural fairness in administrative law
Procedural fairness is, or should be, a fundamental principle of administrative law, the law that regulates state (in Canada, provincial, territorial and federal) agencies. Procedural fairness requires, at a minimum, that a person be consulted before a final decision that will impact them is made.
LTB Refresher 2024 - tips from practitioners
I joined this year's Landlord and Tenant Board (LTB) Refresher for Lawyers and Paralegals moderated by the knowledgeable and affable Kevin Lundy. Here is an overview of the presentations, which provided useful advice.
Types of Provincial Offences
There are three types of provincial offences: mens rea, strict liability and absolute liability. The type of offence has consequences for both the prosecutor and the defendant. A two-step analysis may be used to identify the type of offence.
Rules of the Ontario Court - Steps of a Trial
If you are charged with committing a provincial offence (POA) in Chatham-Kent, your trial will be held at the Ontario Court of Justice. If you are self-represented, be sure to review the Rules. The most important of these, as they pertain to a trial, are summarized below.