Lindsay MacDonald, Q.C.
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Cases of Interest

Lindsay MacDonald cases of interest

Some cases of interest handled as counsel for the Law Society of Alberta:

Supreme Court of Canada Krieger v. Law Society of Alberta; Attorneys General of Canada and Alberta et al., intervenors (2002) 217 D.L.R. (4th) 513 (S.C.C.) Constitutional law: whether a law society has the jurisdiction to discipline a Crown prosecutor who is exercising prosecutorial discretion.  Read more
Lavallee, Rackel and Heintz v. Canada (Attorney General); Law Society of Alberta and Attorney General of Alberta et al., intervenors (2002) 216 D.L.R. (4th) 257 (S.C.C.) Constitutional law: whether section 488.1 of the Criminal Code, which dictates the procedure to follow after a search warrant is exercised at a law office, breaches constitutionally guaranteed rights of privacy of clients.  Read more
Alberta Court of Appeal Pacer Enterprises v. Cummings (2004) 44 C.P.C. (5th) 86 (Alta.C.A.) Practice of Law: whether a superior court judge has the authority to permit a non-lawyer to represent a lay litigant.  Read more
Stinchcombe v. Law Society of Alberta (2002) 212 D.L.R. (4th) 675 (Alta.C.A.) Administrative law -- Natural justice -- Delay - Credibility: whether citations should be stayed because of delay and concerns about complaining client's credibility.  Read more
Lenhardt v. Law Society of Alberta [2001] A.J. No. 797; 2001 ABCA 147, (Alta. C.A.). Administrative Law -- Disclosure requirements -- Jurisdiction -- whether lawyer had duty to answer questions posed by the Law Society.   Read more
Adams v. Law Society of Alberta [2000] 11 W.W.R. 280 (Alta.C.A.) Sexual exploitation of sixteen year old client -- Disposition -- whether disbarment was a reasonable penalty.  Read more
Yake v. Law Society of Alberta (1997) 209 A.R. 59 (Alta.C.A.); application for leave to appeal dismissed, [1997] S.C.C.A. No. 650. Professional misconduct: whether forgery was established; whether the penalty of suspension was appropriate.
Lenhardt v. The Law Society of Alberta, [1995] A.J. No. 967 (Alta. C.A.). Administrative Law -- judicial review: whether existence of right of appeal precludes resort to judicial review process.
McDonald v. Law Society of Alberta [1994] 3 W.W.R. 697 (Alta.Q.B.); appeal to Alberta Court of Appeal dismissed without written reasons, May 12, 1995. Constitutional Law - Charter of Rights - section 13 - admissibility of transcript of member's testimony from civil trial in Law Society proceedings.
Alberta Court of Queen's Bench Law Society of Alberta v. Randhawa (1996) 7 W.W.R. 664 (Alta. Q.B.) Discovery transcripts and evidence -- whether implied undertaking requires Law Society investigators to obtain permission from the court before using.
Law Society Hearings Numerous cases found in Quicklaw in its Law Society Discipline Database (LSDD).
Cases of interest handled as counsel for the Attorney General of Alberata R. v. B. (C.R.) (1990) 76 C.R. (3d) (S.C.C.) Sexual Offences. Evidence -- admissibility of similar fact evidence.
R. v. Smith [1990] 1 S.C.R. 991. Evidence - credibility - whether reasonable doubt as to accuracy of complainant's evidence on one charge created deemed doubt as to the truthfulness of everything she said.  Read more
R. v. Szlovak [1989] 2 S.C.R. 1114, ( S.C.C.) affirming (1989) 96 A.R. 73 (Alta.C.A.) Robbery. Constitutional Law -- Charter of Rights -- admissibility of evidence after arbitrary arrest.
R. v. Robinson; R. v. Dolesj (1989) 51 C.C.C. (3d) 452 (Alta.C.A.) Robbery - murder. Constitutional Law - Charter of Rights - Application of Charter to statute - whether indigent convicted persons have an absolute right to state-funded counsel on all appeals.