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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 the week of November 28 to December 4th:

  1. Magder v. Ford 2012 ONSC 5615

    [1] This is an application brought by a municipal voter, Paul Magder, under s. 9 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 [MCIA] against the respondent, Robert Ford, the current Mayor of Toronto. At a meeting of Toronto City Council on February 7, 2012, the respondent spoke to and voted on a matter in which he allegedly had a pecuniary interest. By so doing, it is alleged that he contravened s. 5(1) of the MCIA and, accordingly, an order is sought under s. 10(1) of the MCIA declaring his seat on Toronto City Council vacant.

  2. 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 or by descriptions given by others) often fall into the following descriptions: Detaxers; Freemen or Freemen-on-the-Land; Sovereign Men or Sovereign Citizens; Church of the Ecumenical Redemption International (CERI); Moorish Law; and other labels – there is no closed list. In the absence of a better moniker, I have collectively labelled them as Organized Pseudolegal Commercial Argument litigants [“OPCA litigants”], to functionally define them collectively for what they literally are. These persons employ a collection of techniques and arguments promoted and sold by ‘gurus’ (as hereafter defined) to disrupt court operations and to attempt to frustrate the legal rights of governments, corporations, and individuals.

  3. R. v. Aucoin 2012 SCC 66

    [1] This appeal concerns a police officer’s authority to detain a motorist in the rear of his police cruiser in the course of a roadside stop for a regulatory offence. The appellant, Brendan David Aucoin, was convicted of possession of cocaine for the purpose of trafficking after a pat-down search during the course of the roadside detention. His appeal to the Nova Scotia Court of Appeal was dismissed by a majority of the court. Mr. Aucoin appeals to this Court as of right. He seeks to have his conviction set aside and a verdict of acquittal entered on the basis that the search was unconstitutional.

The most-consulted French-language decision was R. c. Isiko 2012 ONCA 819

[1] Après un procès avec jury, M. Isiko a été reconnu coupable de meurtre au premier degré. La seule question que nous devons trancher est le niveau de culpabilité de M. Isiko.

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