What’s Hot on CanLII This Week

Here are the three most-consulted English-language cases on CanLII for the week of March 1 – 7.

1. R. v. Grant 2009 SCC 32

[1] Mr. Grant appeals his convictions on a series of firearms offences, relating to a gun seized by police during an encounter on a Toronto sidewalk. The gun was entered as evidence against Mr. Grant and formed the basis of his convictions. The question on this appeal is whether that evidence was obtained in breach of Mr. Grant’s Charter rights, and if so, whether the evidence should have been excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms.

2. Richard v. Time Inc. 2012 SCC 8

[1] This appeal arises out of an advertising campaign that undoubtedly did not turn out as intended. The central issues in the case are whether the respondents, by mailing a document entitled “Official Sweepstakes Notification” (the “Document”) to the appellant, engaged in a practice prohibited by the Consumer Protection Act, R.S.Q., c. P‑40.1 (“C.P.A.”), and, if so, whether the appellant is entitled to punitive and compensatory damages under s. 272 C.P.A. To decide these issues, the Court must, inter alia, define the characteristics that are relevant to the determination of whether a commercial representation is false or misleading, as well as the conditions for exercising the recourses in damages provided for in s. 272 C.P.A.

3. R. v. Smickle 2012 ONSC 602

[1] At just before 2:00 am on March 9, 2009, Leroy Smickle was engaged in a very foolish act. He was alone in the apartment of his cousin, Rojohn Brown, having elected (because he had to be at work in the morning) to stay in while his cousin went out to a club. Mr. Smickle was reclining on the sofa, wearing boxer shorts, a white tank top, and sunglasses. Thus clad, he was in the process of taking his picture for his Facebook page, using the webcam on his laptop computer. For reasons known only to Mr. Smickle, and which arguably go beyond mere foolishness, he was posing in this manner with a loaded handgun in one hand. Unfortunately for Mr. Smickle, at this exact moment, members of the Toronto Police Emergency Task Force and the Guns and Gangs Squad were gathered outside the apartment preparing to execute a search warrant in relation to Mr. Brown, who was believed to be in possession of illegal firearms. They smashed in the door of the apartment with a battering ram, and Mr. Smickle was literally caught red-handed, with a loaded illegal firearm in his hand. He immediately dropped the gun and the computer, as ordered to by the police, and was thereupon arrested.

The most-consulted French language decision was Langevin (Re) 2012 QCCS 613.

[1] Sylvio Langevin réclame la propriété de la planète Terre[1]. Dans un autre dossier entrepris le même jour, il réclame celle des planètes Mercure, Vénus, Jupiter, Saturne et Uranus, ainsi que des quatre grosses lunes de Jupiter[2].

[2] À l’audience, le requérant souhaite amender ce second recours pour y ajouter ses revendications sur Neptune et Pluton, ainsi que sur l’espace entre chaque planète, à la grandeur de la galaxie[3].

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