Last blog added on Tuesday, January 24th, 2023

Information About Heather Douglas Law

Recent Posts

Below is a preview of the five most recent posts from the blog Heather Douglas Law. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Social Host Liability – Recent Case Law

    Social host liability is an area of law that is still being established. So far the courts are reluctant to find a prima facie duty of care. Without establishing a duty of care, negligence cannot be proven and damages cannot be awarded. In McCormick v. Plambeck, 2022 BCCA 219, the BC Court of Appeal … Read more »

  • Can Discovery Evidence be Used in a Criminal Trial – Guidance from the SCC from R v JJ, 2022 SCC 28

    Four years ago, I wrote about the use of discovery evidence in criminal matters (linked: here). Today (June 30, 2022), the Supreme Court of Canada has provided greater guidance on this question, specifically in the context of sexual assault cases. In R v. JJ, 2022 SCC 28, Justice Wagner and Justice … Read more »

  • Factors to Consider When Bringing Your Next Civil Motion

    “A lean compromise is better than a fat lawsuit”. – George Herbert In Dalquee v Gandhi, 2022 ONSC 3521, the defendant brought a motion to strike the claim of the plaintiffs, without leave to amend. The relief was granted in part. The claim was struck. However, Justice Myers granted leave to the plai … Read more »

  • Improving Access to Justice: Trauma Informed

    In the article, “Measuring Improvements in Access to Justice“, the authors Brea Lowenberger et al, expertly write about measuring the effectiveness of access to justice initiatives. A quick summary is outlined in the table below: In measuring initiatives, we should also be mindful on how they addres … Read more »

  • New Tort of Family Violence

    Photo by Ivan Bertolazzi on Pexels.com In Ahluwalia v. Ahluwalia, 2022 ONSC 1303, Justice Mandhane of the Ontario Superior Court of Justice writes about the tort of family violence. In this case, the parties disputed four issues. The four issues were: “property equalization, child support, spousal s … Read more »