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. Law Society of Alberta v Beaver, 2016 ABCA 290

[12] On appeal before this Court, Beaver took no issue with certain factual underpinnings of the injunction, namely that apart from the agent issue, he had been practicing law in contravention of both his undertakings and the Act. However, Beaver reiterated that he was entitled to continue acting as an agent. In his view, s 111 of the Act restricts the LSA to obtaining an injunction for activities which violate Part 6 of the Act. And since acting as an agent is an exception to practicing law under s 106 (which falls under Part 6), and thus is not a violation of Part 6, there is no prohibited activity to restrain. In his view, the LSA’s authority to seek an injunction is restricted to s 111 since the Legislature has expressly set out in that section when the LSA has the authority to secure an injunction. In other words, according to Beaver, s 111 is exhaustive on this point.

(Check for commentary on CanLII Connects)

2. R. v. Grant, [2009] 2 SCR 353, 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.

(Check for commentary on CanLII Connects)

3. R. v. Manasseri, 2016 ONCA 703

[379] Finally, to repeat something said in passing earlier. Even absent significant prejudice, the Crown had the tools readily at hand to move the case against Kenny forward. But it failed to pick up, much less to use those tools to do the work of which they were capable. A separate trial for Kenny, according to the then state of the expert medical opinion evidence, a lesser player in the unlawful death of Brian Fudge, was at once viable, reasonable and in the interests of justice.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision Mofo Moko c. eBay Canada Ltd., 2016 QCCS 4669

[1] Les demandeurs, Kevin Mofo Moko (« Kevin ») et Sandrin Thierry Mofo Moko (« Thierry »)[1], réclament des dommages d’eBay Canada Ltd (« eBay ») à la suite du retrait de leur annonce de mise en vente aux enchères d’une paire de chaussures ayant atteint plus de 300 fois le prix d’achat.

(Check for commentary on CanLII Connects)

* As of January 2014 we measure the total amount of time spent on the pages rather than simply the number of hits; as well, a case once mentioned won’t appear again for three months.

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