Beneath the Law

Send us Fan Mail Is Canada really safer from gun violence—or just legally blind to the problem?  Gavin Tighe and Stephen Thiele dive deep into Canada’s hidden handgun crisis, the porous border with the U.S., and the legal implications of a groundbreaking class action lawsuit against gun manufacturer Smith & Wesson.  Framed by the tragic 2018 Danforth shooting in Toronto, the conversation explo...

Send us Fan Mail What happens when a 24-year-old student takes on a powerful developer—and wins?  Gavin Tighe and Stephen Thiele dig into Sheridan Retail Inc. v. Roy, a landmark Ontario case that captures the very essence of anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation.  They unpack the David-and-Goliath dynamics between a large developer and a university student who da...

Send us Fan Mail Are city crackdowns on St. Patrick’s Day parties really about public order—or about squashing a good time?  Gavin Tighe and Stephen Thiele tackle the curious case of Waterloo v. Persons Unknown, where the city sought a rare quia timet injunction to prevent unpermitted St. Paddy's Day gatherings.  What starts as a lighthearted banter about Guinness and green garb quickly dives...

Send us Fan Mail Are we stretching the Canadian Charter to cover bike lanes and park encampments? Gavin Tighe and Stephen Thiele dive into a fiery debate on the limits of judicial activism and the clash between democracy and constitutional rights.  From the controversy over supervised injection sites to the latest showdown over Toronto’s bike lanes, the duo critiques court decisions that override...

Send us Fan Mail Imagine your peaceful cottage weekend being hijacked by Airbnb party animals. In this episode of Beneath the Law , Gavin Tighe and Stephen Thiele dive into the legal and ethical quagmire of short-term rentals in Ontario and beyond.  They unpack a shocking case from Milton where a tenant secretly turned a landlord’s home into an illegal Airbnb operation—complete with unauthorized r...

Send us Fan Mail Is our approach to drug addiction helping or hurting our cities?  Gavin and Stephen tackle one of the most controversial issues in modern urban life: safe injection sites and the opioid crisis.  The duo breaks down a controversial court injunction that temporarily blocked the government's plan to convert supervised injection sites into rehab-focused "hubs." But in a...

Send us Fan Mail Ever been sued for making it rain? In this thought-provoking episode of Beneath the Law , Gavin Tighe and Stephen Thiele dive into the murky waters of vexatious litigants—those who weaponize the justice system for personal vendettas, harassing opponents with endless, frivolous lawsuits.   From gladiator references to baby stroller briefcases, they unpack real-world cases, includin...

Send us Fan Mail Have former US President Donald Trump’s legal battles exposed biases within the Us judicial system? How do you think the election of judges affects their impartiality and the perception of justice in the US? How does public confidence in the judiciary impact the overall health of a democracy? In this episode, Gavin and Stephen would argue YES to all of the above.  And they argue t...

Send us Fan Mail In this episode we’re unwrapping the tale of the Banker’s Sandwich Scandal.  You might have read the headlines. Szabolcs Fekete, a financial crime expert at Citibank was fired by the bank after claiming a two-sandwich lunch on expenses. He’d claimed he ate one sandwich for lunch then ate the second for dinner.  But under closer scrutiny he admitted he had travelled with a partner...

Send us Fan Mail In this episode Gavin and Stephen discuss the recent decision by the federal court on the challenge to the constitutionality and legality of the federal government's decision to invoke the Emergencies Act in response to the trucker convoy protest in Canada.   They argue the protest was non-violent and did not pose a threat to the security of Canada, making the use of the Emer...

Send us Fan Mail Gavin and Stephen discuss a defamation case involving a social media influencer in Edmonton, Alberta. The influencer, Rosemary, had a falling out with a couple, leading to a series of defamatory posts about them on her Instagram account. The court found in favour of the couple, awarding the female plaintiff $50,000 and the male plaintiff $75,000.   This highlights the importance o...

Send us Fan Mail The Supreme Court of Canada has really stirred the pot this time. The issue is whether mandate letters should be subject to disclosure. Mandate letters are instructions or views given to cabinet ministers by the leader of a government.  Sparked by CBC News' request for one collection of letters from 2018, the legal battle questioned their confidentiality. Ultimately, the Supr...

Send us Fan Mail An ATV, a tragic turn, and a court decision that changed everything. Hosts Gavin and Stephen, dive into the Ontario Court of Appeal's ruling on de Roche v McInnis. The case unravels the duty of care owed not just by drivers, but by vehicle owners, accentuating the utmost importance of insurance and proper training.  They reflect on the broader implications for owners of recre...

Send us Fan Mail Hockey, scandal, and the law. Gavin, Stephen, and guest Lad Kucis review a controversial case that’s made headlines across the Country. It involves former members of the Canadian World Junior Championship hockey team, now facing criminal charges for an alleged sexual assault that occurred six years prior.  Amidst the legal discourse, the conversation critically examines the interp...

Send us Fan Mail It's a constitutional showdown. Gavin and Stephen discuss into the implications of the 14th Amendment of the U.S. Constitution, particularly in light of recent events including the January 6th riots and legal actions concerning former President Donald Trump.   They explore the historical context and application of the amendment, especially Section 3, which pertains to insurre...

Send us Fan Mail Judicial appointments spark controversy.  In this episode, Gavin and Stephen dive into the contentious debate surrounding the political nature of judicial appointments in Ontario. They discuss Ontario Premier Ford's candid remarks on crime and bail, the inherent political process of selecting judges, and the criticisms levelled against this system.  Addressing everything from...

Send us Fan Mail Weighing justice and prejudice in the Weinstein case reversal. In this episode, Gavin and Stephen explore the controversial overturning of Harvey Weinstein's conviction. They explore the nuanced and often polarizing landscape of legal standards, particularly focusing on the balance of evidence and the dangers of prejudicial character evidence in sexual assault cases.  They di...

Send us Fan Mail From defamed to victorious: A mortgage manager’s triumphant battle. In this episode, Gavin and Stephen discuss a case where the plaintiff, accused of fraudulently processing mortgages, was blackballed within the banking industry due to a defamatory alert.  The court found the bank's defenses of justification and qualified privilege unconvincing, leading to significant damages...

Send us Fan Mail Ever wonder why you never read the fine print?   In this episode, Gavin and Stephen look into the often-overlooked world of waiver of liability clauses. They discuss a recent British Columbia case where a mountaineering company's liability waiver was scrutinized after a climber was injured.  They explain the importance of these clauses for businesses, the strict standards cou...

Send us Fan Mail An elderly widow scored a courtroom victory! In this episode, Stephen and Gavin dive into the gripping legal battle between a powerful Canadian bank and an elderly widow over a disputed $50,000 credit card debt.  They unravel the complexities of the case, highlighting the bank's aggressive tactics, the widow's defense as an authorized user, and the court's sympathy...

Send us Fan Mail Background - October 2023 terrorist action in Israel in which over 1,000 people were killed by Hamas has led to war in the Gaza Strip - War has resulted in displacement of Palestinians and estimates of over 30,000 killed - In response, there have been numerous pro-Palestinian protest and anti-war protests, including at University campuses in the United States and Canada - Injuncti...

Send us Fan Mail Is the media failing us with sensationalism?  In this episode, Stephen and Gavin explore the controversial defamation lawsuit involving Canadian MP Han Dong and Global News.  They discuss the critical issue of media responsibility in reporting, the allegations of Chinese interference in Canadian politics, and the resulting legal battle.  The conversation highlights the challenges...

Send us Fan Mail Are you aware of the hidden dangers lurking in your restaurant orders and online agreements?  In this episode, Gavin and Stephen discuss a tragic case involving a fatal food allergy at a Disney Springs restaurant.  They dive into the legal complications that arose, particularly focusing on Disney's controversial attempt to force the case into arbitration based on a seemingly...

Send us Fan Mail Are the courts becoming the new political battlegrounds?  Gavin and Stephen dive into the concept of "lawfare"—the weaponization of the legal system for political gain.  Focusing on the Ontario Place redevelopment case, they explore the delicate balance between democratic governance and the courts' role as a check on power.  As they reflect on the nostalgic past of...

Send us Fan Mail In late March 2023, a Manhattan grand jury indicted former US President Donald Trump on more than 30 counts related to business fraud.  Sounds ominous. Is it though? Is a grand jury truly… Grand? A Judge in New York once said a prosecutor could indict a ham sandwich in front of a Grand Jury because the process is designed to do the prosecution’s bidding. In this first episode of B...