Can Jian Ghomeshi sue in tort?
The tort of malicious prosecution
Tort law allows an individual to sue for such things such as, wrongful imprisonment, false arrest, false imprisonment and malicious prosecution.
Feel free to browse my section on false arrest.
In order to be successful in this type of civil lawsuit Mr. Ghomeshi would have to prove the prosecution was:
- Initiated by the defendant;
- Terminated in favour of the plaintiff;
- Undertaken without reasonable and probable cause;
- Motivated by malice or a primary purpose other than that of carrying the law into effect.
These factors are from the Supreme Court of Canada case called Miazga v. Kvello Estate.
Factors 1 and 2 would certainly be in favour of Mr. Ghomeshi. Factors 3 and 4 would require a critical assessment. This is where the trial judges’ decision is so important and the testimony of the complainants since there was no “smoking gun”.
I have no hesitation in concluding that the quality of the evidence in this case is incapable of displacing the presumption of innocence. The evidence fails to prove the allegations beyond a reasonable doubt.
Tort lawsuits for malicious prosecution are always challenging and the state typically mounts an aggressive civil defence. Whether or not Mr. Ghomeshi will consider his civil legal options could be contingent on the outcome of any other cases pending against him.
Call our law office today to speak with one of our Burlington Criminal Lawyers. We provide criminal law services in Halton and Burlington.
PH: 416-505-4901
901 Guelph Line, Burlington, ON
False Allegations of Domestic Violence : Part 5
Have you been wrongfully accused of domestic violence?
PART 5
Please review my series on being wrongfully accused of domestic violence:
Part 1: False Allegations of Domestic Violence
Part 2: False Allegations of Domestic Violence
Part 3: False Allegations of Domestic Violence
Part 4: False Allegations of Domestic Violence
Part 5: False Allegations of Domestic Violence
Part 6: False Allegations of Domestic Violence
How is an allegation considered false? This is where things start to get messy. I have mentioned before that law enforcement seem to take almost a default position when attending to a call for domestic violence.
In some situations men have reported that their female partner was physically attacking them, by punching, kicking and scratching their face. Worse, where some have had knives, broken plates and other items thrown at them. In some situations men have reported trying to leave only for their female partner to block the entrance. In the process, the male forcefully opens the door and the female loses balance and falls to her feet and sustains an injury. The female partner decides to call 911. On attending at the scene the police officers immediately notice she has a bruise to her face and presume the worse.
Some situations men have reported that while their female partner was physically assaulting them, they pushed her back so they could leave the situation. In some situations, the male partner has not even touched the female partner. In some situations even before the argument escalates the female partner threatens to call 911 and report that, “you hit me, and you know what they will do.”
In some situations the female partner will be verbally assaulting the male partner. Putting him down, calling him worthless or not a man. While this type of verbal assault would be considered as emotional domestic abuse when perpetrated by a man it is not the same situation when it is the female partner.
It seems that in many situations where men have been falsely accused of domestic violence it is in fact them who is real victim.
Even in situations where the allegation of domestic violence against the man seems illogical and lacking any credibility law enforcement will refuse to pursue any criminal charge against the false accuser.
Since, pursuing criminal charges against the false accuser is a rarity there is little if any repercussions.
Going through the criminal process is not fun. Many men who have been charged with domestic violence grow tired of the system and expenses and end up making the dangerous decision of pleading guilty to put the matter to rest. This can end up having serious consequences later on.
Call our law office today to speak with one of our Burlington Criminal Lawyers. We provide criminal law services in Halton and Burlington.
PH: 416-505-4901
901 Guelph Line, Burlington, ON
False allegations of domestic violence : Part 4
False allegations of domestic violence
PART 4
Part 1: False Allegations of Domestic Violence
Part 2: False Allegations of Domestic Violence
Part 3: False Allegations of Domestic Violence
Part 4: False Allegations of Domestic Violence
Part 5: False Allegations of Domestic Violence
Part 6: False Allegations of Domestic Violence
The individual who is wrongfully accused of domestic violence wants nothing more then to be at home and sleep in his bed. An opportunity has now arisen. His partner has contacted him, she is apologetic and she needs his help.
On finally returning, the couple spends a brief honeymoon period and decide to resume their normal activities such as perhaps, a trip to the grocery store. On their way to the store a minor trivial disagreement results in an argument. The partner decides to call the police again. This will have catastrophic consequences for the man. As the police arrive he will be arrested again and this time for breaching his bail conditions. He will have to go through the jail and bail process. This time securing bail could be more challenging. Since, he will be viewed as someone who is disobeying the law.
If you have been charged with domestic violence it is important to abide by your bail conditions. Under no circumstances should you communicate with the other party.
In many situations men will feel compelled to respond to their partners correspondence. Its only natural and logical that the parties will need to speak to one another for the purposes of finances and other administrative matters.
Unfortunately, overly draconian bail conditions bar this type of communication making it very difficult for the family to continue with their daily activities.
Call a Burlington lawyer with experience in false allegations of domestic violence
I am located in Halton.
PH: 416-505-4901
901 Guelph Line, Burlington, ON, L7R 3N8
Why do you need a Will?
Last Will and Testament
The most important document you can ever have is a Last Will and Testament. Two reasons why your Will is so important and should not be left to an on-line kit.
First, this document will come into force after you die, and will distribute your estate amongst your loved ones.
"I highly recommend Rehan, he is courteous, honest and diligent. He has assisted my family with numerous legal issues for many years. "
H.A., Brantford, ON
Second, a properly drafted Last Will and Testament can avoid years of messy, emotional and complex litigation.
Please call me Rehan Khalil a lawyer in Burlington if you require assistance in drafting a Last Will and Testament.
Part 3 | False Allegations of Domestic Violence
False allegations of domestic violence
PART 3
Part 1: False Allegations of Domestic Violence
Part 2: False Allegations of Domestic Violence
Part 3: False Allegations of Domestic Violence
Part 4: False Allegations of Domestic Violence
Part 5: False Allegations of Domestic Violence
Part 6: False Allegations of Domestic Violence
Please feel free to review my previous discussions about domestic violence. They can be found by clicking the links above.
Many cases dealing with domestic violence can result in delays of weeks and or even months. During this time the individual charged must continue to go about their daily routine despite the immense stress and emotional turmoil of criminal proceedings lingering. Some men resort to having to sleep on a friends’ couch others might rely on their siblings or parents. The inability to be in their own home presents various challenges.
Many of these men are reluctant to speak about the allegations as they are embarrassed and worse concerned with whether or not anyone will believe they didn’t do it.
Often, these men must continue to meet their financial obligations despite the fact they are not permitted near the home.
Exhausted and emotionally broken sometimes these men become more prone to potentially abusing drugs or alcohol.
Their strict bail conditions bar them from communicating directly or indirectly with their partner who is the accuser.
This is where many men end up making a common mistake. Either they reach out to their partner or their partner reaches out to them. In many situations I find the accuser is the one who reaches out to the man who is criminally charged. She might complain about needing more money or groceries. It is also not uncommon for the accuser to apologize for making the call to the police and finally asking that he return home.
Emotionally broken and often facing crippling financial costs many of these men decide to give their relationship or marriage another try. This can go well for the first little while. However, in my experience I find this often leads to catastrophic consequences.
I will speak more about these catastrophic consequences in a subsequent blog post.
False allegations of domestic violence | Part 2
False allegations of domestic violence
PART 2
Please see my series below on domestic violence:
Part 1: False Allegations of Domestic Violence
Part 2: False Allegations of Domestic Violence
Part 3: False Allegations of Domestic Violence
Part 4: False Allegations of Domestic Violence
Part 5: False Allegations of Domestic Violence
Part 6: False Allegations of Domestic Violence
In my experience many men who are wrongfully accused of domestic violence have never had any prior dealing with the police. This is why they are so scared and concerned on being arrested. These men often end up having to spend a night in jail until they are bailed out.
Even securing bail is a daunting task since they need to call close friends or relatives. This is no easy task. That family member or friend will have to attend at court the next morning and act as a surety.
The process of being arrested in their home with their neighbours watching, being in jail and having to wait for bail often emotionally crumbles these men.
However, this is just the start of what could be a lengthy process.
Since many of these men are not allowed to go near their home to collect their belongings they will often have to secure the assistance again of friends or family members. Often in many situations their partner who continues to reside in the home will attempt to obstruct this process. Whether this is by changing the locks, not responding to entry requests or just blatantly denying access.
If access is allowed the individual must collect their belongings under time constraints and pressure.
If you have been wrongfully charged with domestic violence call me:
Rehan Khalil Lawyer
416-505-4901
I am located at: 901 Guelph Line, Burlington, Ontario
Have you been falsely accused of domestic violence?
False allegations of domestic violence
PART 1
This will be an on-going series about false allegations of domestic violence.
Part 1: False Allegations of Domestic Violence
Part 2: False Allegations of Domestic Violence
Part 3: False Allegations of Domestic Violence
Part 4: False Allegations of Domestic Violence
Part 5: False Allegations of Domestic Violence
Part 6: False Allegations of Domestic Violence
In my decade of practising law I have come across many situations. The most common situation I find these days is false allegations of domestic violence. More and more men, fathers, husbands and boyfriends are being charged with domestic violence.
It seems to be the default position of law enforcement to arrest the man on attending to a call for domestic violence. This has happened even in situations where the man was the one who called. The most tragic are the situations where the female partner has openly admitted to physically assaulting her partner yet she is not charged or even warned.
Often false allegations of domestic violence can arise during a separation or divorce. The party who is charged faces a number of hurdles. In many situations these men and fathers are unable to attend at their home. They are also faced with the expense of finding and hiring a criminal lawyer.
Subsequently, in many situations particularly if children are involved their partner will commence a family law proceeding. Now the individual must find and hire a family law lawyer.
It’s not uncommon that during the first six months of being falsely accused of domestic violence that the individual can end up spending anywhere between $2000 to $5000 dollars on lawyers alone and that is on the low end not taking into consideration any immediate urgent applications to court.
During the criminal proceedings these men must find alternative living accommodations and continue to make payments towards the home they are not allowed near.
The most tragic are the situations where their children are held hostage against them.
If you have been falsely accused of domestic violence please call me today a lawyer in Burlington.
Call: 416-505-4901
My Burlington law office is located at 901 Guelph Line, Burlington, Ontario
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Mediation helps lawsuits
Mediation and civil lawsuits
If it’s one thing I have learned in my ten years as a lawyer. Litigation is useless.
There are certainly situations where it is necessary. However, in the vast majority of situations litigation is often time consuming and expensive with little results.
This is why our civil justice system has many built in mechanisms for alternative dispute resolution or often more commonly referred to as mediation.
Mediation has proven over and over again to be an effective tool in a variety of litigation cases.
Whether it’s family law, contract law, employment law the alternative dispute resolution and mediation process helps the parties.
Parties can agree to keep their costs reduced by selecting a mediator that is both experienced, efficient and mindful of expenses.
The most important quality to look for in a mediator is real life court room experience.
Contact a Burlington mediator today to learn more.
Burlington Lawyer says Federal government needs to say something about weed.
Have you been charged with possession of marijuana?
Some have taken it upon themselves to start distributing marijuana through dispensaries or store fronts in Toronto.
It was recently reported that The Good Weeds Lounge in Toronto was raided by Toronto police in January 2016 and charged its owners with trafficking and possession.
Since, that time the owners of the lounge have posted a response.
Weed
While they state they are back in business they will not be selling marijuana. However, you can come in with your own marijuana and consume it.
Toronto police maintain they raided the storefront based on complaints. Let’s be clear the police obviously knew what was going on.
Blame for this incident should fall squarely on the new federal government. It is still a criminal offence to be in possession of marijuana. Unless, it is for medicinal purposes.
However, the new federal government campaigned on the promise of legalizing or decriminalizing marijuana. The Prime Minister of Canada has made his views and his own personal experience with marijuana very clear. As a result, the government should not be surprised that people are tired of waiting.
At minimum the government should be providing advice and or guidance to law enforcement and the judiciary in how to deal with this issue.
It seems that local municipalities such as the City of Toronto have no real position when it comes to marijuana dispensaries.
In any event, its high time the federal government intervene and provide the public as a whole with assistance with this issue.
Call our law office today to speak with one of our Burlington Criminal Lawyers. We provide criminal law services in Halton and Burlington.
PH: 416-505-4901
901 Guelph Line, Burlington, ON
Halton Lawyer | CONS – WORKING FROM HOME
Is working from home a good idea?
My previous posts about this topic can be found here:
Burlington Lawyer | PROS – WORKING FROM HOME
Halton Lawyer | CONS – WORKING FROM HOME
I remember working at a law firm where some clerks had the option of working from home. There use to be one particular clerk who just a few minutes prior to 9 would send out a mass email advising, "I am working from home."
It turns out she wasn't doing much.
I previously discussed the positive aspects about working from home. Now I would like to discuss the cons.
One of the most significant issues in working from home is tracking employee productivity.
Working from home
Some suggest this is a managerial issue. In that, a good manager will be able to identify slackers and or motivate employee productivity.
I am always amazed when I see so many folks wandering around on a weekday. I often think to myself, whether these people have jobs. So often I find out, they work from home.
Should an employer simply be prepared for the fact that their employee might be participating in a conference call while sitting at the park watching their kids play on the swings? When contacting an employee via email or phone should there be an instantaneous response?
What about the employee that is working from home who ends up taking on another job? Or in some situations pursuing another business venture? What about an employee who is working from home who decides to take an on-line or in person course?
There is also the consideration of liability in that employees will no longer be in the workspace.
Again, I view the above concerns as performance issues. What about the overall social experience? Or does it even matter?
For example, an in-person meeting still means a lot depending on the subject and content of the meeting. Also, is there something to be said about knowing your fellow co-workers and employees on a more personal level? Certainly, if more are working from home there is a likelihood that people won’t get to know each other as well.
Many of us tend to make friends at work. This is through the social experience of seeing one another daily. Sharing coffee and lunch breaks and even commuting together. As a result, we swap personal stories, learn about tradition and each other’s foibles. All of this contributes to team building and relationships between co-workers.
Working from home has the potential to eliminate some of that interaction.
I am sure there are other cons to working from home. However, overall the way I see it the positive aspects of working from home seem to really outweigh the cons.
Let’s not forget effective management and technology can assist in monitoring employee behaviour. I think it also really comes down to also considering whether or not it matters when and where an employee does their work as long as it’s being done.
If you have any employment law questions please call to speak with a Burlington employment lawyer.
PH: 416-505-4901
901 Guelph Line, Burlington, ON
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