What is the test for an allegation of malpractice against a former counsel at a criminal trial?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Sriskanda, 2015 ONLSTH 186 (CanLII):
The respondent must demonstrate on the balance of probabilities that there has been a miscarriage of justice as a result of the ineffective assistance of his former counsel. The evidence relied upon need not go so far as to establish the innocence of the respondent; it is enough if the evidence is reasonably capable of belief and could impact a “potentially decisive issue at the hearing” (Law Society of Upper Canada v. Hartmann, 2010 ONLSAP 1 (CanLII) at para. 11).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the Court of Appeal in B.C considered trial counsel’s performance on the basis that the performance of the trial counsel did not undermine confidence in the verdict? (Ontario, Canada)
What is the test for an allegation that a trial counsel was incompetent? (Ontario, Canada)
Does there have to be a "substantial nexus" between the alleged negligence of an appellant in a medical malpractice case and the alleged loss of a patient? (Ontario, Canada)
How is credibility assessed in the context of criminal or quasi-criminal trials? (Ontario, Canada)
Is it reasonable for two counsels to stand trial on an undefended trial over two days? (Ontario, Canada)
Does the term “to actual or anticipated end of trial” mean that the trial ended after a period of reserve time? (Ontario, Canada)
What is the test for ordering a new trial after a civil jury trial? (Ontario, Canada)
Does s.10(b) of the Criminal Code require police to inform a detainee of his right to retain and instruct counsel "immediately"? (Ontario, Canada)
Does the alleged inadequacy of the trial judge's instructions affect the outcome of the appeal? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
