What is the test for an allegation that a trial counsel was incompetent?
Ontario, Canada
The following excerpt is from R. v. Donovan, 2007 CanLII 29340 (ON SC):
The Appellant says that his counsel was incompetent because he did not arrange to tender expert evidence from a toxicologist, which, he says, taken together with his evidence would constitute a valid defence and accordingly he seeks to tender expert evidence of evidence to the contrary, as fresh evidence in order to substantiate his allegation that his trial counsel was incompetent and relies on the criteria set out in Palmer v. The Queen (1979) 1979 CanLII 8 (SCC), 50 C.C.C. (2d) 193 (S.C.C.)
"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 of malpractice against a former counsel at a criminal trial? (Ontario, Canada)
Is it reasonable for two counsels to stand trial on an undefended trial over two days? (Ontario, Canada)
What is the effect of defence counsel not pursuing the issue at trial? (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)
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 has the trial judge considered the totality of evidence at trial for impaired driving? (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)
Is there a risk to the trial of this report if this report is excluded from the trial? (Ontario, Canada)
