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 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


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. C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (CanLII) [197] The requirement that parties not lie is straightforward. But what kind of conduct is covered by the requirement that they not otherwise knowingly mislead each other? Absent a duty to disclose, it is far from obvious when exactly o...
Tags: Law, Court, Canada, Babcock, Quebec, Alberta, Ontario, Wednesday: What's Hot on CanLII, Bhasin, Callow Inc, Bhasin Check, Hudson 's Bay Company ULC, Rebecca Marie Ingram, Erin Blacklaws, Torry Tanner


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. Miller v Edmonton (City), 2020 ABQB 784 (CanLII) [23] One point where I disagree with Edmonton is that this is an instance where Mackin v New Brunswick (Minister of Finance) would apply, and that allegations that a law is unconstitutional cannot ground a claim for damages. When conductin...
Tags: Law, Alberta, Edmonton, Miller, Ernst, Pigeon, Engel, Prentice, Daigneault, Mackin, Wednesday: What's Hot on CanLII, Arabi, Edmonton City, QCCDPHA, New Brunswick Minister of Finance, Alberta Energy Resources Conservation Board


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 Appliance Source LP v. Ontario, 2020 ONSC 7492 (CanLII) [27] However, I have little understanding of the public interest assessment behind the Covid-19 regulatory regime. Everyone sees the apparent unfairness of small stores closing while big box stores remain open. Are there is...
Tags: Law, Court, Hamilton, Small Claims Court, Ontario, Big Brothers, Ontario Court of Appeal, Oakes, R, Halton, Wednesday: What's Hot on CanLII, SCR, COVID, Canadian Appliance Source LP


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. Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69 (CanLII), [2000] 2 SCR 1120 71 The appellants say a regulatory structure that is open to the level of maladministration described in the trial judgment is unconstitutionally underprotective of their constit...
Tags: Law, Newfoundland, Parliament, Customs, Council, Carroll, Marion, Appellant, SCC, Wednesday: What's Hot on CanLII, Guertin, Art Emporium, Canada Minister of Justice, Tsilhqot, Uashaunnuat Innu of Uashat, Customs Tariff


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. Anglin v Resler, 2020 ABCA 184 (CanLII) [16] Vicarious liability is not a distinct tort but “a theory that holds one person responsible for the misconduct of another because of the relationship between them”: 671122 Ontario v Sagaz Industries Canada, 2001 SCC 59, para 25, [2001] 2 SCR 98...
Tags: Supreme Court, Law, Toronto, Ontario, Marion, Maple Leaf Foods Inc, SCC, Maple Leaf Foods, Bazley, Anglin, Wednesday: What's Hot on CanLII, Ontario Inc, Resler, Sagaz Industries Canada, Sagaz, Philip H Osborne


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. Attorney General for Ontario v. Persons Unknown, 2020 ONSC 6974 (CanLII) [76] In my view, the “Persons Unknown” format does not allow the Attorney General to seek ex parte interpretations of laws to restrict unnamed respondents from suing others in future. Neither is it appropriate for t...
Tags: Law, Canada, Ontario, Robert, Dhillon, Wednesday: What's Hot on CanLII, Legislative Assembly of Alberta, PM Management Systems Inc, QCCDPHA, Security National Insurance Company, Tokio Marine Nichido Insurance Company


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. Sga’nism Sim’augit (Chief Mountain) v. Canada (Attorney General), 2013 BCCA 49 (CanLII) [2] The Treaty is a complex, detailed and comprehensive agreement addressing all aspects of the continuing relationship between the Nisga’a Nation, Canada and British Columbia, as well as the powers o...
Tags: Law, Canada, British Columbia, CEA, SGA, R, Wednesday: What's Hot on CanLII, Sorel Tracy Ville, Gaétan St Sauveur, Nisga'a Nation Canada, Nisga'a


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. Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32 (CanLII) [1] This appeal requires this Court to decide whether s. 12 of the Canadian Charter of Rights and Freedoms protects corporations from cruel and unusual treatment or punishment. Like our colleagues, we conclude that ...
Tags: Law, Quebec, Sami, SCC, Woodhouse, Wednesday: What's Hot on CanLII, Rebel Media, Irwin Toy Ltd, QCCDPHA, Quebec Attorney General, Odhavji 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. Gorham et al. v. Behm et al., 2020 ONSC 6469 (CanLII) [18] I find on a balance of probabilities that the Defendants were motivated to express themselves with a view to communicating with a community they were part of in hopes of bringing about positive change to that community. Their mot...
Tags: Law, Toronto, Grant, Stephens, R, Wednesday: What's Hot on CanLII, Canadian Charter of Rights and Freedoms Check, MLT Aikins LLP


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. Warner v Calgary Regional Health Authority (Rockyview General Hospital), 2020 ABQB 172 (CanLII) [38] An independent intervening event is an event unrelated to the tort, such as a disease or a non-tortious accident, that occurs after the plaintiff suffers injuries from the tort: Athey at ...
Tags: Law, Canada, Warner, Costco, Mitchell, Parsons, Robertson, R, Jobling, Wednesday: What's Hot on CanLII, Athey, Penner, Costco Wholesale Canada Ltd, Associated Dairies Ltd, Penner Check, Alberta Rules of Court Alberta


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. Fraser v. Canada (Attorney General), 2020 SCC 28 (CanLII) [1] In 1970, the Royal Commission on the Status of Women in Canada set out a galvanic blueprint for redressing the legal, economic, social and political barriers to full and fair participation faced by Canadian women for generatio...
Tags: Law, Canada, Baker, Fraser, SCC, Royal Commission, Lacasse, Wednesday: What's Hot on CanLII, L'Heureux Dubé, QCCDPHA, Akelius Canada Inc, 2436196 Ontario Inc, Grenier Naud


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. Toronto Transit Commission v Amalgamated Transit Union, Local 113, 2020 CanLII 71739 (ON LA) Most importantly, the facts do not disclose condonation. Aside from the point made in the case law that criminal and near-criminal acts cannot be used to support a condonation defence (see, for e...
Tags: Law, Fca, Jordan, Sierra Club, Ontario, Morris, Matthews, Cody, TTC, Wednesday: What's Hot on CanLII, Amalgamated Transit Union, Toronto Transit Commission, Utilities Kingston, Ocean Nutrition Canada Ltd, AFG Industries, The Canadian Copyright Licensing Agency


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. Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 (CanLII) [194] In our opinion, a robust case management system is the protocol that has the greatest potential to generate resolutions at the earliest possible stage of the litigation spectrum and at the lowest possible cost.[26...
Tags: Law, Giroux, Uber Technologies Inc, Bruno, Heller, Hannam, Welton, DaCosta, Wednesday: What's Hot on CanLII, Frederick Wilmot‑Smith, Medicine Hat School, United Lands Corp, l'absence de Giroux


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. Doering, 2020 ONSC 5618 (CanLII) [48] The value of human life and the corresponding right of citizens to protection from harm, are entitlements attaching to all citizens, including those who suffer personal challenges, such as drug addiction. I acknowledge, as I did in my reasons f...
Tags: Law, Court, Canada, New Brunswick, Dunsmuir, R, FCA Canada, Doering, Wednesday: What's Hot on CanLII, Maginnis, QCCDPHA, Magnaye


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. Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457 (CanLII) [34] The Landlord’s counsel takes some umbrage at the allegation of racism against his clients, and submits that there is nothing in the record to establish that the Landlord or Manager were racially motivated. Motiva...
Tags: Landlord, Law, Court of appeal, Tribunal, Saskatchewan, Henry, Harvey, Fla, Michel, Graydon, Wednesday: What's Hot on CanLII, Le Tribunal, Srougi, Iacobucci, Hiemstra, 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. Climans v. Latner, 2020 ONCA 554 (CanLII) [71] As I explain on the first issue, the trial judge found that the parties were spouses within the meaning of s. 29 of the FLA because they “cohabited” for a period of not less than three years. To determine whether the parties had cohabited, t...
Tags: Law, Court, Grant, Fla, SCC, Karlin, Latner, Cardozo, Wednesday: What's Hot on CanLII, Attar, Bent, Fonds, Torstar Corp, McLachlin, Culkin, 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. R. v. Roth, 2020 BCCA 240 (CanLII) [142] Failing to conduct a critical assessment of testimonial weaknesses that could undermine the Crown’s evidentiary foundation on an essential element of the offence can be indicative of uneven scrutiny: Mehari at para. 34; Willis at para. 44. In my v...
Tags: Law, Court, Poole, Willis, Haslam, Purdy, R, SCC, Spence, Wednesday: What's Hot on CanLII, Elsley, Recovery Service Ltd, J G Collins Insurance Agencies Ltd, Zinati


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. AVI v MHVB, 2020 ABQB 489 (CanLII) [2] Pseudolaw is typically employed by conspiratorial, fringe, criminal, and dissident minorities who claim pseudolaw replaces or displaces conventional law. These groups attempt to gain advantage, authority, and other benefits via this false law. In Me...
Tags: Law, US, Canada, Chase, Alberta, Edmonton, Proctor, Hogue, Avi, Unrau, Wednesday: What's Hot on CanLII, MEADS, Rooke, West Edmonton Mall Property Inc, National Dental Examining Board, MHVB


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. Marchi v. Nelson (City of), 2020 BCCA 1 (CanLII) [20] Certain of the impugned decisions of the street clearing crew may properly have been characterized as operational in nature. Arguably, the decision not to further extend the hours of snow clearing and the decision not to move snow int...
Tags: Law, Ontario, Wright, Boucher, Ribeiro, Wednesday: What's Hot on CanLII, MarchI, Public Guardian, Nelson City, Friends of Toronto Public Cemeteries Inc, Public Accountants Council, Quebec English School Boards 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. Pellegrin v. Wheeldon, 2020 BCPC 143 (CanLII) [105] I now consider punitive damages. As stated in the Huff case, punitive damages are meant to punish the defendant, and set an example for others who might consider undertaking similar conduct. The law in British Columbia is clear: self-he...
Tags: Law, Canada, British Columbia, Grant Thornton, Huff, Canadian Imperial Bank of Commerce, Wheeldon, Fresco, Wednesday: What's Hot on CanLII, Pellegrin, NBCA, Province of New Brunswick, Anthony Cook, Central Trust Co, Rafuse, QCCDPHA


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. Douez v. Facebook, Inc., 2018 BCCA 186 (CanLII) [1] This is an appeal from an order of the Supreme Court of British Columbia certifying a claim as a class proceeding. The claim arises out of a practice undertaken by Facebook, under which advertisements displayed to a Facebook member’s “f...
Tags: Facebook, Law, Court, Saddleback, Alberta, Facebook Inc, R, Bouvier, Tessier, Wednesday: What's Hot on CanLII, Supreme Court of British Columbia, Alberta Union of Provincial Employees, Vavilov, Douez, Bisaillon


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. Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII) [33] However, Professor McCamus adds that sometimes, even with a signed agreement, inadequate notice of a particularly unfair term may render that term unenforceable, at p. 194: In many contractual settings, it will not be expec...
Tags: Microsoft, Law, Court of appeal, Parliament, Gabriel, R, Battiston, Sharma, Wednesday: What's Hot on CanLII, McCamus, Microsoft Canada Inc, Atlantic Lottery Corp Inc, Pro‑Sys Consultants Ltd, Ward c Commission


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. Moncur v. Plante, 2020 ONSC 4391 (CanLII) [19] Of concern for the court was the lack of information in relation to Mr. Moncur’s sister and niece and their social contacts. The court had no ability to assess the extent of that family’s social circle. According to the provincial guidelines...
Tags: Law, US, Canada, Moncur, Plante, Wednesday: What's Hot on CanLII, Canadian Council for Refugees, STCA, Québec inc, Hengyun International Investment Commerce Inc, Canada Immigration Refugees, Mustefa


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 Hills, 2020 ABCA 263 (CanLII) [112] The concern about uncertainty and having unconstitutional laws on the statute books assumes that, just because there has been a Charter infringement, the law enabling it must be unconstitutional. That assumption may not be justified in all cases. T...
Tags: Law, R, Benoit, Mauldin, Wednesday: What's Hot on CanLII, Dorman, Hryniak, Economical Mutual Insurance Company, QCCDPHA, Domenic Construction Ltd, Primewest Capital Corp, 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. Nanda v. McEwan, 2020 ONCA 431 (CanLII) [41] In my view, expressions concerning racism, sexism, corruption, abuse of union funds, and misconduct by a candidate for President of the Toronto Local of a Canadian public sector union relate to a matter of public interest. In the words of McLa...
Tags: Law, Toronto, Parliament, Alex, Pearson, Falcon, Nanda, Wednesday: What's Hot on CanLII, McEwan, CUPW, Torstar, McLachlin, Toronto Local


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 Howell, 2020 ABQB 385 (CanLII) [315] If the objective of the ACMPR was to provide reasonable but safe access to medical marihuana, there does not appear to be any reasonable justification for the limitation on the THC concentration in oil and extracts. [316] In my view, that prohibit...
Tags: Law, Parliament, Smith, Wilson, Barker, Howell, R, SCC, Plaintiffs, Colegrove, Wednesday: What's Hot on CanLII, SCR, Supreme Court in Lac Minerals Ltd, International Corona Resources 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. R. v. Theriault, 2020 ONSC 3317 (CanLII) [19] I am also mindful that there is a distinction between credibility and reliability. Credibility relates to the honesty of the witness’ testimony. Reliability relates to the accuracy of the witness’ testimony which engages a consideration of th...
Tags: Law, Montreal, Morrissey, Uber Technologies Inc, R, Heller, Scholz, Wednesday: What's Hot on CanLII, Frederick Wilmot‑Smith, Lise Tousignant, Provigo 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. Waksdale v. Swegon North America Inc., 2020 ONCA 391 (CanLII) [10] We do not give effect to that submission. An employment agreement must be interpreted as a whole and not on a piecemeal basis. The correct analytical approach is to determine whether the termination provisions in an emplo...
Tags: Law, Court, Canada, Council, R, Antic, Boulet, FCR, Wednesday: What's Hot on CanLII, Binet, Tsleil Waututh Nation, Waksdale, Swegon North America Inc, Gitxaala, Supreme Court Check


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. Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2020 ABQB 359 (CanLII) [1] The applicant contests his ouster as president of the respondent organization. He applied, unsuccessfully, for an interim injunction reinstating him. As part of the “no injunction” order, I directed the parties...
Tags: Law, Canada, Charles, British Columbia, Baker, Alberta, SCC, Sandhu, Wednesday: What's Hot on CanLII, L'Heureux Dubé, Ville de Montréal, Siri Guru Nanak Sikh Gurdwara