Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative de...
Tags: Law, Immigration, Court, Canada, New Brunswick, Alberta, Dunsmuir, MacLean, SCC, Bell Canada, Wednesday: What's Hot on CanLII, Ontario Inc, Pet Valu Canada Inc, ABQB, Imperial Tobacco Canada, Altius Royalty Corporation

Canada: Successful Defendant Denied Costs After Common Issues Trial; Court Cites Public Interest And Access To Justice Concerns - McCarthy Tétrault LLP

In Elder Advocates of Alberta Society v Alberta, 2020 ABQB 54 ("Elder Advocates"), the Alberta Court of Queen's Bench refused to award costs following trial against the unsuccessful plaintiff class...
Tags: News, Canada, Alberta, Elder Advocates of Alberta Society, ABQB, Justice Concerns McCarthy Tétrault LLP, Elder Advocates the Alberta Court of Queen s Bench

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. 2. Double Aspect 3. Robichaud’s Criminal Law Blog 4. Great LEXpectations 5. Canadian Class Actions Monitor Crossroads Family Law Blog Unbundled legal services can fill the access-to-ju...
Tags: Law, Canada, Vancouver, Calgary, Manitoba, Jarvis, R, Jody Wilson Raybould, Monday’s Mix, Law Society of Manitoba, Robichaud, Alberta Court of Queen 's Bench, Alberta Court, ABQB, Marcus Sixta, AdvocateDaily

Self-Represented Litigants in the Courts: How They Are Shaping the Jurisprudence

What happens to a system of expert legal adjudication when in some courts, up to three in four litigants are advocating for themselves without the assistance of counsel? The influx of self-represented litigants (SRLs) into the family, civil and appellate courts (family: 50% across the country, up to 80% in some urban courts; civil between 30-50%; appellate around 30%) is transforming the justice system. And not, as many would say, in a good way. Judges struggle to find a balance between appropri...
Tags: Supreme Court, Law, Alberta, Young, Rogers, Thompson, Gray, Clark, Supreme Court of Canada, Cartwright, Johns, Cassidy, John Cartwright, Justice Issues, SRL, SCR

Canada: Determination Of Reasonable Notice Is Not Appropriate For Summary Judgment, Alberta Court Determines - McCarthy Tétrault LLP

In Coffey v Nine Energy Canada Inc., 2018 ABQB 898, the Alberta Court of Queen's Bench confirmed the master's decision that summary judgment was inappropriate for the assessment of damages
Tags: News, Canada, Mccarthy, Coffey, Alberta Court of Queen s Bench, ABQB, Nine Energy Canada Inc

The Use of Endorsements by Canadian Trial Courts

It seems to me that Manitoba’s Court of Queen’s Bench is increasing its reliance on endorsements. These do not appear to be published on CanLII or any other case law database. For instance, in JAP v MJP, 2018 MBQB 1, an endorsement issued by Rivoalen A.C.J. is referenced in para. 4, and in DW v Peguis CFS, 2016 MBQB 32, an unreported endorsement by Dueck J. is referred to in para. 34. Perhaps, at least in summary judgment matters, this is a response to the comments of the Manitoba Court of Appea...
Tags: Publishing, Law, Legal Research, Alberta, Ontario, Manitoba, Jap, Legal Information, DW, Hupé, Access to Legal Information, MJP, Manitoba Court of Appeal, Judicial Decisions, Legal Databases, Canadian Trial Courts