Author Archive

An Overview of OSC Enforcement Proceedings

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Ontario’s capital markets are overseen by the Ontario Securities Commission (OSC). Contraventions of securities laws are investigated by a branch of the OSC known as Enforcement staff.

Enforcement staff have broad powers to carry out their investigations. Under section 127 of the Securities Act (Ontario), Enforcement staff derive their authority to commence proceedings against both individuals and companies suspected of either violating securities laws or acting against the public interest. These proceedings take place at the OSC and are administrative hearings. ...

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How circumstantial evidence is treated by the courts

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Circumstantial evidence is used regularly in the prosecution of criminal cases.  How it is viewed by the courts has changed over time.  How is it to be treated in the context of a criminal prosecution now?  Read the article here.

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Fraud, forfeitures, and fines

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Upon conviction for ‘fraud over $5000’ (a designated offence, as defined in the Criminal Code of Canada), the Criminal Code of Canada provides for the forfeiture of the proceeds of crime. The Criminal Code also allows for a fine instead of an order of forfeiture. This would occur where a court is satisfied that a forfeiture order should be made but the proceeds of crime cannot be made subject to such an order.

Where a fine is ordered under Part Xii.2 ...

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Sentencing issues for ‘simple’ possession of child pornography

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In Canada, the maximum sentence for ‘simple’ possession of child pornography is 5 years in jail where the Crown proceeds by Indictment (see section 163.1 of the Criminal Code of Canada). There is a minimum jail term of 45 days upon conviction. Over the years the legislation has been amended and the penalties are definitely getting stiffer here in Canada.

However, in the United States the sentencing regime for ‘simple’ possession of child pornography is about to become a whole lot ...

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Sam, Brampton | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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Mr. Pain is one of the best Criminal Defense Lawyers in the Business. Not only did he get my Charges withdrawn, but he has also helped me out on 2 other previous charges which resulted in being WON at Trial. Mr. Pain goes to considerable lengths and puts in more of his own personal time when preparing for a case. He handles himself Professionally and works very hard towards a suitable outcome. Mr. Pain always puts his clients needs first ...

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‘Over 80’ and the ‘Presumption Back’

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In most ‘over 80’ cases, the Crown relies upon something called the ‘presumption back’ or the ‘presumption of identity’ to gain a conviction.

What typically happens in an ‘over 80’ case? The accused person is pulled over while driving, taken to the police station and breath tested some time well after the driving. What do those breath tests then reveal? What they reveal is the blood-alcohol concentration of the subject at the time the test was administered. Of course, what the ...

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FINTRAC issues another penalty against MSB

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On October 5, 2012, FINTRAC issued another Notice of Violation against an MSB -Dubai Exchange & Travel Inc., Exchange Dubai and Dubai Exchange, a money services business in Toronto, Ontario – for six violations.  FINTRAC published the details on its website on December 14, 2012.  See it here.

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Carmen Wang | Examples Of Favourable Verdicts

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Case Name:

R. v. Wang

Between

Her Majesty the Queen, and

Carmen Wang

[2012] O.J. No. XXXX

Ontario Court of Justice

Toronto, Ontario

B.A. Brown J.

Oral judgment: September 21, 20XX.

(11 paras.)

Counsel:

M. Lerner, Esq., Counsel for the Crown.

T. Pain, Esq., Counsel for the Accused.

 

 

RULING

1 B.A. BROWN J. (orally):— The Court listened carefully to the evidence given by both the Investigating Officer, P.C. Exton and the Qualified Technician, P.C. Poynter.

2 With respect to the evidence in this case, the Crown has indicated that at the end of the trial, it ...

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What difference should the gender of the accused make in a domestic assault case?

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Female spousal abusers should be given the same punishment as a male committing the same crime… Read the rest here.

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Getting pulled over by the RIDE program

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Now that the holiday season is upon us, there is lots of holiday celebrating going on and that usually means a little (or a lot) more drinking. But with the holiday season comes the annual RIDE (which stands for Reduce Impaired Driving Everywhere) program. As everyone knows by now (or ought to know by now), the RIDE program is a random roadside spot check program set up by the police to check drivers for sobriety.

Most people either don’t think about ...

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