What’s Hot on CanLII This Week

Here are the three most-consulted English-language cases on CanLII for the week of November 14 – 21.

1. British Columbia (Workers’ Compensation Board) v. Figliola
2011 SCC 52

[2] In British Columbia, there is legislation giving the Human Rights Tribunal a discretion to refuse to hear a complaint if the substance of that complaint has already been appropriately dealt with in another proceeding. The issue in this appeal is how that discretion ought to be exercised when another tribunal with concurrent human rights jurisdiction has disposed of the complaint.

2. Setia v. Appleby College 2012 ONSC 5369

[1] This is an application by a student and his parents for judicial review of a decision to expel the student after he admitted to smoking marijuana in a friend’s dormitory room the night before the final day of his sixth and final year at Appleby College (“Appleby”). Appleby is a private co-educational school created by a Special Act of the Ontario Legislature in 1911.

3. R. v. Sinclair 2010 SCC 35

[1] This appeal and its companion cases are about the nature and limits of the right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms. The issue is whether a detainee who has been properly accorded his or her s. 10(b) rights at the outset of the detention has the constitutional right to further consultations with counsel during the course of the interrogation.

The most-consulted French-language decision was R. c. Lifchus [1997] 3 RCS 320.

1 LE JUGE CORY ‑‑ L’expression «hors de tout doute raisonnable» devrait‑elle être expliquée au jury et, si oui, de quelle façon? Voilà les questions que soulève le présent pourvoi.

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