Posts filtered by tags: Wednesday: What's Hot on CanLII[x]


 

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 ...
Tags: Law, Immigration, Court, Canada, New Brunswick, Capital One, Thompson, Dunsmuir, Bailey, SCC, Bell Canada, Wednesday: What's Hot on CanLII, Sattva Capital Corp, Creston Moly Corp, Vavilov, Canada Ministre de la Citoyenneté


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. Meads v. Meads, 2012 ABQB 571 [1] This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission o...
Tags: Law, Canada, Southwind, Wednesday: What's Hot on CanLII, MEADS, Sovereign Citizens, Fortin, Hearing Clinic Niagara Falls Inc, LSFN, Forget c Union


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. Pourshian v. Walt Disney Company, 2021 ONSC 4840 (CanLII) [48] In my view, these are pleading issues that are not properly addressed on a jurisdiction motion. As held by the Court of Appeal in Rothmans, at para. 106, “the motion judge is not required to subject the pleadings to the scrut...
Tags: Law, Court, Walt Disney Company, Court of appeal, Johnson, Alberta, Ontario, Mohamed, Feeney, Canadian Natural Resources Limited, Idris, Unrau, Rothmans, Wednesday: What's Hot on CanLII, Ubah, Lymer


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. Libfeld v. Libfeld, 2021 ONSC 4670 (CanLII) [445] As noted above, s. 35(f) of the Partnerships Act allows for the dissolution of a partnership and s. 207 of the OBCA provides this Court with the jurisdiction to wind-up a company in various circumstances, including circumstances where it ...
Tags: Law, British Columbia, Ontario, Wednesday: What's Hot on CanLII, Yahey, OBCA, Libfeld, Adamson Barbecue Limited, Kimmel J, Ski Bromont


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. Arksey v Sky Zone Toronto, 2021 ONSC 4594 (CanLII) [58] The exclusions here do not undermine the terms of the agreement. The defendant was not deceptive in the least. The defendant is not, for example, promising insurance coverage, and then taking it away in exclusions in the small type....
Tags: Law, Heritage, Sherman, McAuley, Wednesday: What's Hot on CanLII, Court of Québec, Canada Post Corporation, Arksey, Sky Zone Toronto, Huy Quang Nguyen


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. Norheim v Chief Judge of the Provincial Court of Alberta, 2021 ABQB 465 (CanLII) [38] While the privative clause does purport to preclude any judicial review, that is not the law. For at least the last 40 years, case law has held that no privative clause enacted by any Legislature can re...
Tags: England, Law, New Brunswick, Blackstone, Dunsmuir, Pederson, Legislature, Superior Court, Bombardier Inc, Chouhan, R, SCC, Judicial Council, Wednesday: What's Hot on CanLII, Beaudry, Canada Citizenship and Immigration


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. Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290 (CanLII) [17] In this case, we are concerned exclusively with statutory construction. Matters of statutory interpretation, like other questions of law, are evaluated on a reasonableness standard. As a reviewing court, in accor...
Tags: Law, Bank, Hawkes, Hamel, R, Colucci, Wednesday: What's Hot on CanLII, Vavilov, ABCA, Brear, QCCDPHA, Rizzo Rizzo Shoes Ltd, Max Aicher North America Limited, Bell ExpressVu Limited Partnership


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. Working Families Ontario v. Ontario, 2021 ONSC 4076 (CanLII) [63] It is with the minimal impairment portion of the Oakes test that the rubber of Bill 254 hits the slippery road of justification, causing the EFA vehicle to skid off course. [64] The government’s own evidence demonstrates ...
Tags: Law, Court, Bill, Ross, Ontario, Donovan, Oakes, R, Coates, SCC, EFA, Daigneault, Wednesday: What's Hot on CanLII, SCR, Sherman Estate, Working Families Ontario


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. R v Russell, 2021 SKPC 31 (CanLII) [27] I find the commentary by The Honourable Gilles Renaud, Ontario Court of Justice author of “The Sentencing Code of Canada – Principles and Objectives”, (2009) paragraph §3.52 helpful. Judge Renaud is referring to police officers, but I find it aptly...
Tags: Law, Canada, Russell, Gill, R, Colucci, Wednesday: What's Hot on CanLII, Renaud, Keele Sheppard Plaza Inc, Honourable Gilles Renaud Ontario Court of Justice, 8573123 Canada Inc Elias Restaurant


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. Lu v Shen, 2020 BCSC 490 (CanLII) [42] It is the role of pleadings to serve as the frame for an action. Properly drawn, they precisely define the issues the court will be asked to decide, they advise the other party of the case to be met, they determine the extent of pre-trial procedures...
Tags: Law, Canada, Kent, Bain, MacDonald, Lu, HRP, Wednesday: What's Hot on CanLII, Bissonnette, Belzil, Sze Hang Holding Inc, Atlantic Waste Systems Ltd, Jeffrey W Lem Rosemary Bocska


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. Moffat v Edmonton (City) Police Service, 2021 ABCA 183 (CanLII) [63] Newton established (at para 84) that the LERB’s mandate is “more robust” when considering the acceptability of particular police conduct or the integrity of the discipline process pursuant to its civilian oversight mand...
Tags: Law, Strachan, Grant, Newton, Hamilton, Morgan, Cannon, Beaver, Moffat, R, SCC, McSweeney, NSR, Furlong, Wittwer, Wednesday: What's Hot on CanLII


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. Ojanen v. Acumen Law Corporation, 2021 BCCA 189 (CanLII) [57] Historically, damages in a wrongful dismissal action were limited to the loss suffered as a result of the employer’s failure to give proper notice: Addis v. Gramophone Co., [1909] A.C. 488 (H.L.). As this Court explained in Ma...
Tags: Law, Immigration, Court, Canada, New Brunswick, Dunsmuir, Addis, SCC, Bell Canada, Wednesday: What's Hot on CanLII, Märchen, Ojanen, Acumen Law Corporation, Gramophone Co, Dams Ford Lincoln Sales Ltd, Vinet


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. Hamza v. Law Society of Ontario et al, 2021 ONSC 2023 (CanLII) [27] The Notice of Application, affidavit and Factum filed by the applicant together amount to over 1,000 pages of rambling, pseudo-intellectual attacks on the LSO and the other respondents, expressions of his opinion on thei...
Tags: Law, Toronto, Coutinho, LSO, Gosselin, Hamza, Wednesday: What's Hot on CanLII, Sheikh, Law Society of Ontario, Factum, Kathuria, Ocular Health Centre Ltd, Carney Timber


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. Prowse et al. v. Noroozi, 2021 ONSC 3099 (CanLII) [52] There is no genuine issue that the Plaintiffs are entitled to claim the foregone interest on the VTB. While not an out of pocket expense per se, it would be a recoverable loss to the Plaintiffs in the form of expectation damages. How...
Tags: Hope, Law, Siemens, Smith, Jones, APS, Clark, Regan, VTB, Galbraith, Plaintiffs, Wednesday: What's Hot on CanLII, Gourlay, Noroozi, Ontario Attorney General, Stooshinoff Nicholas


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. R. v. Desautel, 2021 SCC 17 (CanLII) [18] Section 35(1) of the Constitution Act, 1982, says: The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. Les droits existants — ancestraux ou issus de traités — des peuples autochtones d...
Tags: Law, Canada, Mitchell, Law Society, R, Wednesday: What's Hot on CanLII, Aira, Hak, Cavanagh, Corlett, Law Society of Ontario, Reykdal, Desnoyers, Hearing Division the Appeal Division, Desnoyers Estate


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. R. v. Ghotra, 2020 ONCA 373 (CanLII) [23] The case law, however, has specified a narrow conception of “providing an opportunity,” with the analysis often focusing on whether the police or the accused took the initiative in the interaction and when: Bayat; R. v. Imoro, 2010 ONCA 122, 251 ...
Tags: Law, Henderson, Canadiens, Holt, R, CPL, Batten, Greig, Wednesday: What's Hot on CanLII, Bayat, Ontario Inc, ONSC, Avan, Diamond Diamond, Benarroch, Glustein


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. Merrill Lynch Canada Inc. v. Soost, 2010 ABCA 251 (CanLII) [9] Under such contracts, the common terminology is sloppy, even misleading. We speak of “wrongful dismissal”, or damages for that. But there is no such thing there as wrongful dismissal (apart from federal legislation). Under su...
Tags: Law, Parsons, Wallace, SCC, Keays, Grenier, Honda Canada Inc, Wednesday: What's Hot on CanLII, Whiten, Vavilov, Märchen, Intact Insurance Company, Merrill Lynch Canada Inc, Soost, Utd Grain, Desforge


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. Cybulsky v. Hamilton Health Sciences, 2021 HRTO 213 (CanLII) [113] This Tribunal stated in Moore v. Ferro (Estate), 2019 HRTO 526 (“Moore”) at para. 183, that in certain circumstances, it is a violation of the right to be free from discrimination protected under Part I of the Code where ...
Tags: Law, Francis, Tribunal, Ontario, Moore, Cura, Wednesday: What's Hot on CanLII, Ananda, Hamilton Health Sciences, Degiorgio, Breault, Aviva Insurance Canada, CLPA, Ferro Estate, Cybulsky, In Moore the Tribunal


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. Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (CanLII) [1] In 2018, Parliament enacted the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186 (“GGPPA”). Three provinces challenged the constitutionality of the GGPPA by references to their respective courts of ...
Tags: Law, Parliament, Saskatchewan, Ontario, Spencer, Morden, Tremblay, Dionne, Belton, Gosselin, Duggan, Wednesday: What's Hot on CanLII, Fridman, Court of Appeal of Alberta, Elcano, Le Conseil


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. Zak v Zak, 2021 ABQB 80 (CanLII) [20] It is trite law that the fact that a judge has found against a party does not constitute evidence of bias. Equally, the fact that a judge has made findings of fact that one party has behaved poorly does not constitute evidence of bias. Indeed, in cas...
Tags: Law, Ford, Court of appeal, Napa, Alberta, Cabinet, Olson, Zak, Wednesday: What's Hot on CanLII, Fortin, Court of Appeal the Court of Appeal, ABQB, Enviro Hazmat Emergency Response Inc, Alberta Provincial Judges ' Association


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. R v Stephan, 2021 ABCA 82 (CanLII) [139] Expert witnesses must accept that their methodology and opinions may well be strongly challenged given the consequential role they play in the justice system. But in our pluralistic democracy, there is no place for weighing evidence, much less det...
Tags: Law, Canada, Stephan, R, Fram, Wednesday: What's Hot on CanLII, Piche, Aphria Inc, Scotia Capital Inc, Waardenburg, Fram Elgin Mills, Romandale Farms Limited, Riverside Professional Centre Inc, The Ottawa Hospital, Westech Services, Greater Vancouver 2021 SCC


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. Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455 (CanLII) [46] As I have noted, other courts have concluded, without evidence, that pregnancy creates difficulties for a person searching for employment. Justice Dambrot specifically found that he did not need evidence to reach that conc...
Tags: Law, Toronto, Canada, Grant, Baker, Blue Cross, R, Nahum, Wednesday: What's Hot on CanLII, LaPointe, Dambrot, Canadian Charter of Rights and Freedoms Check, Superior Court Justice, Honeycomb Hospitality Inc


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. Robertson v Arthikharnu, 2015 ABPC 257 (CanLII) [26] For her services a lawyer is entitled to charge a fair and reasonable fee which will depend upon and reflect many factors. Rule 613 of the Alberta Rules of Court, Alberta Regulation 390/68, lists six factors and the commentary under th...
Tags: Law, Robertson, McVeigh, Pigeon, Daigneault, Wednesday: What's Hot on CanLII, Medernach, Housen, Nikolaisen, Nutrien Ltd, Law Society of Saskatchewan, SKCA, Abrametz, Alberta Rules of Court Alberta, Saskatchewan Crop Insurance Corporation


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. Polgampalage v Devani, 2021 ONSC 1157 (CanLII) [41] The pandemic has been a difficult time for everyone. I have special empathy for students and young lawyers who may be deprived of close contact with mentors and senior peers to assist with their training. Partners, employers, and mentor...
Tags: Facebook, Law, Gabriel, Simpson, Wednesday: What's Hot on CanLII, Cambridge Analytica, Devani, Ward c Commission, Rebel News, Polgampalage, Al Jazeera Media


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. Bhasin v. Hrynew, 2014 SCC 71 (CanLII), [2014] 3 SCR 494 [1] The key issues on this appeal come down to two straightforward questions: Does Canadian common law impose a duty on parties to perform their contractual obligations honestly? And, if so, did either of the respondents breach tha...
Tags: Law, Garland, R, Wednesday: What's Hot on CanLII, Bhasin, Assaraf, QCCDPHA, Center for Gender Advocacy


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. R. v. Le, 2019 SCC 34 (CanLII) [160] In view of our application of the three Grant lines of inquiry to the facts of this appeal, and with great respect to the courts below, we do not find this to be a close call. The police crossed a bright line when, without permission or reasonable gro...
Tags: Law, Vancouver, Caplan, Villeneuve, R, SCC, Wednesday: What's Hot on CanLII, Bhasin, McCamus, Greater Vancouver Sewerage, Wastech Services Ltd


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. Kaushal v. Vasudeva et al., 2021 ONSC 440 (CanLII) [54] The risk of mischief on a virtual examination is an area which has yet to be fully explored, although the possibility has been adverted to. Myers, J. in Arconti et al. v. Smith et al, 2020 ONSC 2782, did not disallow the use of a vi...
Tags: Law, Smith, Myers, Clancy, Farid, Kaushal, Wednesday: What's Hot on CanLII, Vasudeva, Cuthbertson, Binet, Anthony Cook, PricewaterhouseCoopers Inc, Perpetual Energy Inc, QCCDPHA, Salasel


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. Armstrong v. Royal Victoria Hospital, 2019 ONCA 963 (CanLII) [87] In any case where standard of care is at issue, the court must determine what is reasonably required to be done (or avoided) by the defendant in order to meet the standard of care: Berger v. Willowdale A.M.C. (1983), 1983 ...
Tags: Law, Jordan, Blyth, Berger, Kennedy, Dunsmuir, Ward, Cox, Royal Victoria Hospital, Armstrong, R, Willowdale, Nolet, Wednesday: What's Hot on CanLII, Vavilov, Caslake


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. Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (CA LA) While violating an employer policy may be grounds for discipline, expressing disagreement with a policy is not. I fail to see any basis for discipline in this message, and I agree with the union that if emp...
Tags: Law, Ontario, Supreme Court of Canada, Ingles, Canadian Broadcasting Corporation, Wednesday: What's Hot on CanLII, Campeau, Montigny, Costco Wholesale Canada Ltd, Canadian Media Guild, Waksdale, Swegon North America Inc, Tutkaluk Construction Ltd, Brossard Succession


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