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.
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation dives into the case of Jordan Peterson, a controversial figure who was disciplined by the College of Psychologists of Ontario for making scientifically inaccurate and offensive statements. Peterson’s appeal was rejected by the courts, and his application for leave to the Supreme Court of Canada was denied.
In this episode, Kyla Lee from Acumen Law Corporation explores a civil forfeiture case involving Mr. Liu, which raised critical issues about judicial efficiency, Charter rights, and the use of taxpayer resources in the justice system.
Key Points Discussed:
Civil Forfeiture and Charter Rights: Mr. Liu challenged the evidence in his civil forfeiture proceedings, arguing that it was obtained in violation of his Charter rights. He sought to have his Charter application heard before being subjected to examination, arguing that this would save time and resources if the evidence were excluded.
Judicial Efficiency: The case raised significant concerns about the efficient use of judicial resources, as continuing with lengthy civil proceedings before addressing Charter breaches could result in wasted time and taxpayer money.
Court’s Discretion: The BC Supreme Court and Court of Appeal denied Mr. Liu’s application to bifurcate the proceedings, stating that it was a matter of judicial discretion. The Supreme Court of Canada ultimately denied leave to appeal, leaving unresolved issues about how best to manage judicial resources in complex cases.
Why This Case Matters:
This case touches on the intersection of civil forfeiture law, Charter rights, and the efficient functioning of the justice system. Kyla Lee discusses how bifurcating proceedings and addressing Charter applications first could prevent unnecessary delays and conserve court resources. Despite these concerns, the Supreme Court of Canada chose not to weigh in, missing an opportunity to clarify how judicial resources should be managed in cases like this.
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation discusses a pivotal case concerning the professional secrecy of lawyers. The case centres around a long-running litigation involving sexual assault claims in an institutional setting, where privileged documents fell into the hands of opposing parties and were subsequently used in court. The key issue was whether the significant delay in asserting professional secrecy rights—after the documents had been made public—constituted estoppel, preventing the lawyers from later claiming privilege.
In this episode, Kyla Lee from Acumen Law Corporation delves into a fascinating case involving perjury and the limits of tribunal authority. The case centres around Robert Vanier, who was convicted of perjury for filing a false affidavit during an administrative proceeding. The crux of the issue lies in whether the tribunal’s procedural rules, which were not codified in law, were sufficient to sustain a perjury conviction.
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation explores the crucial legal issue of the role of Crown Counsel and potential conflicts of interest. The episode focuses on a case in Saskatchewan where a Crown Counsel lawyer, also practicing civil plaintiff work, faced allegations of conflict of interest for advancing a lawsuit against a professional facing disciplinary action.
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Acumen Law Corporation lawyer Kyla Lee discusses the principle of totality in sentencing through the case of Mr. Simeunovich, who faced charges for driving while disqualified while already serving a sentence for criminal negligence.
Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses Retroactive Application of New Laws…
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.
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Acumen Law Corporation lawyer Kyla Lee delves into the complexities of environmental damage and owner liability through a notable case in Ottawa. The case involves a condominium company’s liability for a slip-and-fall incident due to uncleared snow, raising significant questions about environmental responsibility and legal accountability.
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Acumen Law Corporation lawyer Kyla Lee examines the issue of vicarious liability for police misconduct, focusing on a significant case involving the City of Saint John, New Brunswick. This class action lawsuit was filed against the city due to alleged sexual misconduct by one of its police officers, raising critical questions about employer liability and police accountability.