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Colour-Of-Right: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Colour-Of-Right: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving the defence of colour-of-right and its potential application in protest-related contempt proceedings. Colour-of-right is typically raised where someone believes they are entitled to property and acts on […]

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

Deliberate Delay: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving delay in criminal trials and whether time taken by judges to decide mid-trial issues should count toward the Jordan ceiling. In a Quebec case, the accused argued

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Myths & Jury Instructions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Myths & Jury Instructions: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving jury instructions and the role of addressing myths and stereotypes in criminal trials. A First Nations man, Necan, was charged with an offence allegedly committed after consuming

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

Certificate Evidence: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving breathalyzer evidence and procedural fairness in impaired driving prosecutions. In most cases, the Crown relies on a certificate to prove a person’s blood alcohol concentration, which becomes

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

Strip Searches: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving unconstitutional strip searches and the appropriate remedy when Charter rights are violated. The case began as a routine traffic stop that escalated into multiple investigations, ultimately leading

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

Ordering Lawyers to Act: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving the power of courts to order lawyers to continue acting for clients. In a class action related to vaccine litigation, a lawyer filed a notice of discontinuance

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Delay in Civil Matters: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Delay in Civil Matters: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case about delay in civil proceedings and the consequences of failing to advance a lawsuit. In a dispute between two companies, a claim was filed in court but no

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Foreign Buyer’s Tax: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Foreign Buyer’s Tax: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving British Columbia’s foreign buyers tax. The province imposed an additional property transfer tax on foreign purchasers in response to the housing crisis, with the goal of prioritizing

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

Prior Testimony: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines a case about the admission of prior testimony and out of court statements when a witness is unavailable at trial. At a preliminary inquiry, parties have the opportunity to cross-examine

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Cheating on the Bar Exam: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Cheating on the Bar Exam: 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!”In this episode, Kyla Lee from Acumen Law Corporation explores a high-profile case involving alleged cheating on the Ontario bar exam. After irregular answer patterns were flagged, an investigation revealed that a leaked answer key had circulated. The Law Society voided

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Post-Arrest Statements: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Post-Arrest Statements: 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!” In this episode, Kyla Lee from Acumen Law Corporation examines the legal treatment of post-arrest statements, especially when used to challenge credibility in court. The case involved someone who made a spontaneous statement to police shortly after being arrested, and

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

Computer Searches: 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!” In this episode, Kyla Lee from Acumen Law Corporation unpacks a case involving a police search of a computer that raised major privacy concerns. The accused, facing charges related to online conduct, challenged the broad scope of a search conducted

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