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Top Five 2007

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

Summaries of important legal cases from 2007, as identified by the Honourable Mr. Justice Stephen Goudge of the Ontario Court of Appeal at OJEN’s 2007 Summer Law Institute.

1. R v Truscott, 2007 ONCA 575

Scientific developments lead to fresh evidence and the acquittal of Truscott almost 50 years after he was first convicted. The full decision is available here.

2. R v Bryan, 2007 SCC 12, [2007] 1 SCR 527

A ban on publishing election results on a website prior to the closing of all polls was found to be constitutional and did not infringe s.2(b) of the Charter. The full decision is available here.

3. R v Teskey, 2007 SCC 25, [2007] 2 SCR 267

A long delay between a verdict and the judge’s reasons for the verdict raised issues about whether the judge engaged in proper legal reasoning and resulted in a new trial. The full decision is available here.

4. R v Clayton, [2007] 2 SCR 725, 2007 SCC 32

A police detention and search of two men at the site of a roadblock in response to a 911 call about handguns was found not to infringe s. 8 and s. 9 of the Charter. The full decision is available here.

5. Waddah Mustapha v Culligan Of Canada Ltd, 2006 CanLII 41807 (ON C.A.)

A plaintiff’s unconventional reaction to seeing a fly in a water bottle was found not to be ‘reasonably forseeable’ harm and the water company was not liable. The full decision is avilable here.

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