R. v. Hayatibahar
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | DI LUCA |
| Citation | 2022 ONSC 1281 |
| Docket Number | CR-19-00010705 |
| Date | 24 February 2022 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
17 practice notes
-
The Impact of the Charter
...R v Elias , the Court held that “every motorist 150 R v Mueller , 2018 ONSC 2734 at para 21 [ Mueller ]. See also R v Hayatibahar , 2022 ONSC 1281, adopting the approach in Mueller . Similarly, see R v Koma , 2015 SKCA 92 at para 95: “[W]hile Mr. Koma might be reasonably presumed to have ha......
-
Table of cases
...rev’d [1993] 2 SCR 157, 79 CCC (3d) 576, [1993] SCJ No 50 ................................................... 297, 305 R v Hayatibahar, 2022 ONSC 1281 ............................................................. 171, 341 R v Hayes, 2003 CanLII 3052 (ON CA), 65 OR (3d) 787 .......................
-
Reasonable Grounds to Suspect and Reasonable Grounds to Believe
...an aidavit which is then reviewed by a justice prior to issuance.78 75 Ramdath , ibid at paras 19, 20, 28. 76 See R v Hayatibahar , 2022 ONSC 1281 at paras 147, 148. The same principle applies in the context of a search: R v Boussoulas , 2014 ONSC 5542 at paras 24, 39, af ’d 2018 ONCA 222. ......
-
Right to Counsel: General Principles and Informational Obligations
..., ibid at 941, 942. 223 Ibid at 920. 224 Ibid at 946, 947. 225 See R v Campbell , 2022 ABKB 663 at paras 62-80. 226 R v Hayatibahar , 2022 ONSC 1281 at para 159. © 2025 Emond Montgomery Publications. All Rights Reserved. 356 Detention, Arrest, and the Right to Counsel detainee knows their r......
Get Started for Free
4 cases
-
R v Adu-Boateng
...honestly held and a reasonable person standing in the shoes of the officer could reach the same conclusion: see R. v. Hayatibahar, 2022 ONSC 1281, at paras. 106 In Hayatibahar, Justice Di Luca noted at para. 115 that “the courts have recognized that in the arrest context, officers are often......
-
R v Lam
...of caution to ensure the person fully understands his or her rights and is able to exercise them in a meaningful way: R. v. Hayatibahar, 2022 ONSC 1281, at para. 159. For example, in the case of Hayatibahar, the applicant was arrested at 10:00 pm but did not receive his informational rights......
-
R v Yryku
...of events is more probable than the others. Such a finding is not required under the reasonable grounds standard: R v Hayatibahar, 2022 ONSC 1281, at para. 138. The central difference between the two standards is “the absence of weighing probabilities in applying the “reasonable grounds to ......
-
R. v. Cadet
...medical records was primarily guided by other reasons eloquently set out by Justice Di Luca in the recent decision of R. v. Hayatibahar, [2022] ONSC 1281. Nevertheless, I make these comments as additional support for my finding that the seizure of all the information about Mr. Cadet’......
8 books & journal articles
-
Powers of Detention
...31 & 32. 163 See, for example, R v McPake , 2019 BCSC 751; R v Enchin-Dixon , 2022 BCSC 1342; R v Baglee , 2022 YKTC 13; R v Hayatibahar, 2022 ONSC 1281; R v Chopra , 2022 ONCJ 322; and Balde c R , 2023 QCCQ 919. 164 (1999), 136 CCC (3d) 197. DETENTION AND ARREST 172 of a crime and was limi......
-
The Impact of the Charter
...R v Elias , the Court held that “every motorist 150 R v Mueller , 2018 ONSC 2734 at para 21 [ Mueller ]. See also R v Hayatibahar , 2022 ONSC 1281, adopting the approach in Mueller . Similarly, see R v Koma , 2015 SKCA 92 at para 95: “[W]hile Mr. Koma might be reasonably presumed to have ha......
-
Table of cases
...rev’d [1993] 2 SCR 157, 79 CCC (3d) 576, [1993] SCJ No 50 ................................................... 297, 305 R v Hayatibahar, 2022 ONSC 1281 ............................................................. 171, 341 R v Hayes, 2003 CanLII 3052 (ON CA), 65 OR (3d) 787 .......................
-
Reasonable Grounds to Suspect and Reasonable Grounds to Believe
...an aidavit which is then reviewed by a justice prior to issuance.78 75 Ramdath , ibid at paras 19, 20, 28. 76 See R v Hayatibahar , 2022 ONSC 1281 at paras 147, 148. The same principle applies in the context of a search: R v Boussoulas , 2014 ONSC 5542 at paras 24, 39, af ’d 2018 ONCA 222. ......
Get Started for Free