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Lack of Detail is Not Evidence of a Sexual Assault

July 2nd, 2024

In R. v. Patel, 2024 NSCA 40 the Crown unsuccessfully appealed an acquittal on a number of grounds. One rejected ground was...

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Absence Of Motive Is Not Proof Of Guilt

July 2nd, 2024

In R. v. Clyde, 2024 ONCA 113 the Court of Appeal overturned a jury conviction due to an improper linkage by the Crown in...

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The Court of Appeal for Ontario Confirms Low Bar for Authenticating Electronic Evidence at Trial

July 2nd, 2024

Nick Whitfield, Neuberger & Partners LLP In the recent decision R v MSA, 2024 ONCA 477, the Court of Appeal for Ontario...

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The Use of Common-Sense Assumptions at Trial

March 19th, 2024

Joseph Neuberger and Diana Davison In the recent decision R. v. Kruk, 2024 SCC 7, the Supreme Court refused to recognize a...

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Navigating Complex Historical Sexual Abuse Allegations

February 12th, 2024

Joseph A Neuberger, Neuberger & Partners LLP In a recent episode of the Not On Record Podcast, Joseph, Michael and Nick...

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Rex v Zacharias: A Set Back for the Right to have Unconstitutionally Obtained Evidence Excluded

January 29th, 2024

Tyler Alviano and Michael Bury The Supreme Court of Canada recently released its decision in R v Zacharias, a case dealing...

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The Real Science of “Repressed Memory”: A Conversation with Professor Patihis

December 20th, 2023

Joseph Neuberger & Diana Davison In the recent podcast episode, EP#95 | The Real Science of Repressed Memory | With Dr....

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Are Conditional Sentences Available in Ontario Securities Fraud Cases?

December 4th, 2023

By Tyler Alviano The prosecution of securities-related offences has seen an increase in Ontario over the last several...

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Cross Examining Child Complainants in Sex Abuse Trials

November 21st, 2023

Joseph A Neuberger and Nick Whitfield The cross examination of child witnesses in sex offence trials presents a unique...

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