How does section 5 of the Criminal Code apply on a given set of facts?
Ontario, Canada
The following excerpt is from Owasco Canadian Car & Camper Rental Ltd. v. Fitzgerald et al., 2021 ONSC 7235 (CanLII):
The question of whether and how this section applies on a given set of facts is a question of law that is reviewable on a standard of correctness: see Housen v. Nikolaisen, 2002 SCC 33 at paras. 26-37.
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