‘Tainted’ testimony leads to Ghomeshi acquittal on all charges

Posted by Johannes Schenk on March 24th, 2016 — Posted in Employment Law, Litigation, Professional Discipline

An Ontario Court judge has acquitted Jian Ghomeshi on four counts of sexual assault and one count of choking, saying the “deceptive and manipulative” evidence of complainants raised a reasonable doubt in the guilt of the former CBC Radio host.

Source: ‘Tainted’ testimony leads to Ghomeshi acquittal on all charges

I note that this article made particular reference to a part of paragraph 140 of Justice Horkins’ judgement:

Horkins’ added that while the evidence in the case raises a reasonable doubt, it “is not the same as deciding in any positive way that these events never happened.”

That sentence was followed by:

At the end of this trial, a reasonable doubt exists because it is impossible to determine, with any acceptable degree of certainty or comfort, what is true and what is false

The Court in this circumstance is saying that the crown witnesses, all of them were so unreliable, that the Court doesn’t know what happened.

Failure to Register with WCB …

Posted by Johannes Schenk on March 23rd, 2016 — Posted in Employment Law, Labour Law, Litigation

If you hire someone to work in your home to meet your personal or domestic needs, you are considered a residential employer.

Failure to register and pay premiums leaves you open to a liability risk.

Evidentiary Considerations in a Judicial Review Proceeding

Posted by Johannes Schenk on March 17th, 2016 — Posted in Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Source: 2016 BCSC 451 Sayami v. British Columbia (Superintendent of Motor Vehicles)

This case deals with evidentiary considerations in a judicial review context of an immediate roadside suspension. The IRS process is unique but the principles discussed in this decision do have application in other types of judicial review.

Employment Law

Posted by Johannes Schenk on March 16th, 2016 — Posted in Human Rights Law, Labour Law, Litigation, Uncategorized