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. Enviro Hazmat Emergency Response Inc. v Olson, 2018 ABPC 286

[4] Some motorists prefer to deal with the original manufacturer rather than buy aftermarket replacement parts. Part of the appeal with Ford parts, is that Ford guarantees their products. If an aftermarket product fails, the remedy is with the company who made the product, not Ford. Some of these aftermarket companies may be under contract to only make parts exclusively for Ford. They make a part for Ford (as an OEM), then Ford puts it into their vehicles as a genuine Ford part. However, this Ford supplier (OEM) may also supply parts to aftermarket stores to sell that same product, if the OEM is not restricted by an exclusive arrangement with Ford. This original equipment manufacturer is supplying both the Ford market and the aftermarket. Again, if one buys the part from Ford, there is a Ford warranty. If one buys from an aftermarket store like the international NAPA stores, or a smaller aftermarket business, the warranty is with that supplier.

(Check for commentary on CanLII Connects)

2. Ali v. Tariq, 2020 ONSC 1695

[10] All evidence, motion records, and factums shall be filed with the court by delivering them as attachments to an email to the other parties and the Motions Coordinator in searchable PDF format. No Books of Authority or statutory materials are to be sent to the other parties or the Motions Coordinator. References to case law or statutory material shall be made by hyperlinks to CanLII contained in the parties’ factums or in a separate list of authorities.

(Check for commentary on CanLII Connects)

3. Dhillon v. PM Management Systems Inc., 2014 ONSC 5407

[11] When an uncontemplated event or circumstance occurs after the signing of a contract that without default of either party makes the performance of the contract impossible or would make performance a radically different thing than what was promised or intended by the parties or that strikes at the root of the agreement, both parties may be discharged from further performance and moneys paid may be restored to the party who paid them…

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Lebrun c. Voyages à rabais (9129-2367 Québec inc.), 2010 QCCQ 1877 (CanLII)

[46] Le Tribunal conclut que le phénomène appelé « grippe porcine » constituait un cas de force majeure au moment de la formation du contrat, car il était imprévisible. Cet événement était également irrésistible pendant l’exécution du contrat puisqu’il a empêché les défenderesses d’exécuter complètement leur obligation.

(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.