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Canada Case Law

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Criminal law 2025 BCSC 1944

R. v. Smith

The court acquitted Mr. Smith of sexual assault after finding material inconsistencies in both parties’ evidence and concluding the Crown had not proven non-consent beyond a reasonable doubt.

  • Consent
  • Capacity and intoxication
  • Credibility and reliability
  • Mens rea
  • W.(d.) test
  • Publication ban
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Tort 1999 BCCA 314

Fortey (Guardian ad Litem) v. Canada (Attorney General)

The Court of Appeal dismissed the appeal and cross-appeal in a negligence action against police after an intoxicated detainee with a head injury suffered permanent brain damage in custody.

  • Duty of care
  • Standard of care
  • Contributory negligence
  • Vicarious liability
  • Battery
  • Right to refuse medical treatment
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.