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. Marchi v. Nelson (City of), 2020 BCCA 1 (CanLII)

[20] Certain of the impugned decisions of the street clearing crew may properly have been characterized as operational in nature. Arguably, the decision not to further extend the hours of snow clearing and the decision not to move snow into particular parking spots, leaving access to the sidewalk open in other areas along the street, were operational. In my view, it was an error on the part of the trial judge to accept the City’s submission that all its snow removal decisions were policy decisions without engaging in the analysis called for by Just.

(Check for commentary on CanLII Connects)

2. A.T.W. v. K.A.W., 2020 ONSC 4894 (CanLII)

[46] Although it’s only been about six months, it seems like an eternity that courts have been struggling with the appropriate parental response to COVID. Expectations have been clearly articulated in many court decisions, including this court’s analysis in Ribeiro v. Wright, 2020 ONSC 1829. The recurring theme is that parents have a responsibility not only to keep children safe (obviously) — but also to work together in a creative, respectful and cooperative manner, to help them through these emotionally unsettling times. To provide reassurance that things are going to be ok. To maintain as much stability, continuity and parental involvement as possible. This is no time for strategic manoeuvring.

(Check for commentary on CanLII Connects)

3. Friends of Toronto Public Cemeteries Inc. v. Public Guardian and Trustee, 2020 ONCA 509 (CanLII)

[24] Turning to the appropriate quantum of costs, we are to consider what is fair and reasonable for the unsuccessful party to pay in the circumstances: Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.). Factors that may be considered are outlined in Rule 57.01(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, and include the importance of the issues and complexity of the proceedings, and the reasonable expectations of the unsuccessful party.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Quebec English School Boards Association c. Procureur général du Québec, 2020 QCCS 2444 (CanLII)

[18] Il l’agit là d’un sophisme. Toutes les entités représentant à ce jour l’électorat de la minorité scolaire anglophone sont devant la Cour et demandent que la Loi ne s’applique pas à elles. Il n’y a en pratique aucune différence entre l’exemption et le sursis dans la mesure où les articles de loi auxquels on demande de surseoir ne s’appliquent en droit et en fait qu’à la minorité anglophone et à ses institutions. Mais ils s’appliquent à tous ceux qui s’identifient comme membres de cette minorité.

(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.