Archive for 2012

Young Offenders – 12 to 18

Criminal proceedings for young persons between the ages of 12 and 18 fall under the Youth Criminal Justice Act and within the jurisdiction of a specialized youth court.  The age of the individual at the time of the alleged offence determines the eligibility of the matter to be resolved in youth court. Because youths are a [...]

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Securities Law in Ontario

Ontario’s Securities Act governs and regulates transactions involving securities and aims to protect the investing public.  The Act gives the Ontario Securities Commission broad power to govern securities transactions and to deal effectively with those who fail to comply with the provisions of the Act. An underlying principle of the Act is that the public should be provided [...]

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Deportation?

One of the benefits of being a Canadian citizen is the protection you receive from being deported upon conviction of wrong-doing.  However, this benefit is not extended to non-citizens, such as landed immigrants and permanent residents.  Non-citizens found guilty of certain offences or found to have misrepresented information on citizenship and immigration applications may face investigation from [...]

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Provincial Offences (of Ontario)

The Provincial Offences Act R.S.O., is a regulatory quasi-criminal statute that enforces a wide range of offences that fall under different Acts of Parliament, such as the Corporate Tax Act or the Highway Traffic Act.  If convicted, provincial offences may result in high fines and/or a term of imprisonment.  Some types of Provincial Offences will result in [...]

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Common Criminal Law

Bail Hearings: Bail is considered to be such an integral part of the legal process in Canada that s.11(e) of the Canadian Charter of Rights and Freedoms guarantees the right of the accused “not to be denied reasonable bail without just cause.”  The Canadian Criminal Code requires anyone who is arrested to be brought before a justice [...]

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Construction Lien Creation

The Construction Lien Act contains special rules to govern the process of placing and removing construction liens. The Act is the government’s response to the issues faced by the suppliers of goods and services, such as contractors, sub-contractors, etc. and aims to protects suppliers against the default of others. A lien is one remedy provided for under [...]

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New “Full Appreciation Test”

In 2007 the Civil Justice Reform Project made an extensive list of recommendations aimed at streamlining civil court processes, reducing the cost of litigation and improving access to justice in the Province. These recommendations were the basis of significant changes to the Ontario Rules of Civil Procedure, effective January 1, 2010. A central goal of [...]

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Canada Securities Regulation

The term “securities” designates a class of assets that conventionally includes shares in corporations, interests in partnerships, debt instruments such as bonds and financial derivatives The securities market channels savings in two basic ways: (1) it allows demanders of investment capital (“issuers”) to receive investment capital from suppliers of capital (“investors”) in exchange for a [...]

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