September 2019

NewWestminster Record: ‘Roadside’ driving prohibitions don’t need to be served at the roadside, court finds

The “roadside” driving prohibition, a tool for police to handle cases of impaired driving without going to court, doesn’t literally have to be served at the side of the road, as its name may imply.

Lee, who specializes in impaired driving cases, said she was disappointed to see the original ruling overturned in the Sept. 11 Appeal Court ruling, penned by Justice Elizabeth Bennett.

NewWestminster Record: ‘Roadside’ driving prohibitions don’t need to be served at the roadside, court finds Read More »

As It Happens: Wednesday Edition

Ontario says it just wants to make it more convenient for drivers. But criminal defence lawyer Kyla Lee warns that allowing the police to verify insurance information on a smartphone might open you up to abuses of your rights.

Kyla: “My advice would be not to do it. It is incredibly foolish to give police access to as much personal information as you keep on your phone–particularly if that information could in any way incriminate you of just make an officer suspicious…”

Listen to the full story here.

As It Happens: Wednesday Edition Read More »

The Province: Huge increase in sex crimes against children reported in Surrey

Sex crimes against children rose a staggering 400 per cent in Surrey between 2012 and 2018, according to a report highlighted by the RCMP on Tuesday.

Vancouver lawyer Kyla Lee told Postmedia News that one explanation for the increase was that police were putting more resources into child sex crimes, particular with the advent of the internet and access to chat-rooms and message boards.

 

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Weird and Wacky Wednesdays: Volume Sixty Eight

This week on Weird and Wacky Wednesdays, we look at the case of a rooster who successfully defended himself in court. Then we examine what happens when a couple makes off with $120,000 in accidental money. Finally, we consider one of the stupidest and most unfair defences ever to be written into the law.

Follow the jump to learn more!

Weird and Wacky Wednesdays: Volume Sixty Eight Read More »

Can You Fail a Breathalyzer with Teriyaki Sauce?

A few weeks ago, we tested Kikkoman Soy Sauce to see if it could cause a fail on a breathalyzer. Now, we are testing another Kikkoman product to find out if you can fail a breathalyzer with teriyaki sauce.

In “Can You Fail It?”, we put everyday household items to the test to ask, Can You Fail It? That is, can you give a false positive reading on an approved screening device (ASD) after consuming it.

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The Importance of Calibration Checks in Traffic Court

calibration checks of speed measuring devices are crucial

A recent CBC story shed light on a shameful practice in other provinces involving speeding tickets. Apparently, despite the fact that speeding tickets are issued on a regular basis and can have devastating consequences for drivers, some police forces in Canada have done away with the need to perform calibration checks of RADAR devices before court.

But checking RADAR calibration and functioning is fundamental to good practice in issuing speeding tickets. And here’s why.

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Limitation of Actions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the limitation of actions.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

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Driving Law with Kyla Lee: Episode 73

Taxi companies have filed a judicial review of the Transportation Board’s decision not to impose caps on the number of ride-sharing vehicles in BC.

The judicial review leads Kyla Lee and Paul Doroshenko, of Acumen Law Corporation, to talk about the standard of review of administrative decisions, such as the taxi companies’ fight with the Transportation Board. …

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Weird and Wacky Wednesdays: Volume Sixty Seven

weird and wacky chicken sandwich

This week on Weird and Wacky Wednesdays we look at a case where the British police jumped to a conclusion far too quickly in a so-called major drug bust. Then, we look at an argument over roofing supplies that ended in a six-year-long litigation. Finally, we consider the important area of food law and whether it is wise to sue when a chicken sandwich is sold out.

Follow the jump and read more of this week’s weirdest and wackiest legal stories.

Weird and Wacky Wednesdays: Volume Sixty Seven Read More »

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