Ziv Law Group Legal Blog

Explore our expert articles on criminal and driving law. Stay informed with guidance from Ziv Law Group.

Hearsay Evidence and Inadmissibility

R v Threefingers, 2016 ABCA 225 is a good case on the inadmissibility of Hearsay evidence. This case illustrates the difficulty courts have in admitting hearsay

Eyewitness Identification

R. v. Bailey, 2016 ONCA 516, is an interesting case from the Ontario Court of Appeal on the perils of Eyewitness Identification. Background Bailey was

Expanding McNeil Disclosure

R v Lam 2016 ABQB 201: First Party vs Third Party Disclosure This case deals with the issue of whether records pertaining to a criminal

WD

WD R. v. Kennedy.  [2015] N.J. No. 107, 2015 NLCA 14 Facts: This is a rather straightforward sexual assault case. The accused forced himself on

Garofoli Procedure

Garofoli Procedure R. v. Burgher, [2014] O.J. No. 6449, 2014 ONSC 4527 PRE-TRIAL RULING THE PROCEDURE PURSUANT TO R. V. GAROFOLI Background: This is a pre-trial application on

Colour of Right

Theft and Colour of Right Theft 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right

Mistake of Fact

  Mistake of Fact and consent Thoughts re: Mistake of Fact w.r.t. consent Mistake of fact: 265 (1) A person commits an assault when (a) without the consent