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Automobile Insurance Knowledge Requirement: 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 knowledge requirement in regards to automobile insurance. 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. Ashley Cardinal was a passenger in a vehicle that was involved in a collision. Unbeknownst to Ms. Cardinal, the vehicle was taken without the consent of the owner. When she was injured in the collision, she filed an insurance...

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Mandatory Minimum Sentencing: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses mandatory minimum sentencing. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. James Forcillo was a police officer in Toronto. He was ultimately convicted of attempted murder after a trial for second-degree murder involving a case of a man who pulled a knife on a Toronto streetcar. The streetcar had emptied and there was a stand-off with police...

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Officers Acting in Good Faith: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses officers acting in good faith. 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. Andrea Molnar was convicted at trial of possessing marijuana for the purposes of trafficking. She appealed her conviction, arguing that the trial judge had not properly found a Charter breach in her case. While the Court of Appeal agreed that there was a...

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

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses assisted dying 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. Nedeljko Mikasinovic was convicted by a jury of assault causing bodily harm. He had originally been charged with aggravated assault and prior to that, had an original trial for two charges including aggravated assault. In his first trial, the jury couldn't reach a verdict on whether...

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

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses assisted dying 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. Julia Lamb filed a lawsuit against the federal government on the basis of the new assisted dying laws that she argues contain the same constitutional defects that were originally found by the Supreme Court of Canada in the Carter case. In her case, she argued that...

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

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses businesses and Judicial Independence. 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. Judge Eliana Marengo, of the Court Québec, refused to hear an application filed by a woman on the ground that the clothing she was wearing, namely a hijab, was in violation of Court regulations. When the woman refused to remove her hijab the case...

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Site-Specific Rights: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses businesses and site-specific rights. 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. Fun Club International operated a cigar lounge in Quebec. Unfortunately, the city bylaws where the lounge was located didn't allow for cigar lounges to be operating. However, because it had been there for so long, it was exempt from the application of that...

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

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses professional negligence. 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. Jackie Byrn was the daughter of a woman who had asked her lawyers to put together an application to end the joint tenancy with her husband in the matrimonial home. Unfortunately, the law firm didn't do this and instead, when the mother passed away, the...

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Court’s Decision Time: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the unreasonable delay and the time that judges take to make a decision. 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. When arguments are made before a judge, they can't always make a decision right away. They need time to consider the arguments, the evidence, the case law and arrive at a justified decision. Unfortunately for...

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Effective Representation of Indigenous Clients: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the effective representation of Indigenous clients. 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. Tim Echalook was convicted of several sexual assault offences. He pleaded guilty of those offences and was sentenced, and then appealed his sentence arguing ineffective assistance of his lawyer. Essentially what Mr. Echalook was saying was that his lawyer had not...

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