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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 this last week:

1. Zak v Zak, 2021 ABQB 80 (CanLII)

[20] It is trite law that the fact that a judge has found against a party does not constitute evidence of bias. Equally, the fact that a judge has made findings of fact that one party has behaved poorly does not constitute evidence of bias. Indeed, in cases of high-conflict family litigation such as this one, where countervailing allegations of abuse/alienation are exchanged, both parties are expressly asking the Court to make such negative findings about one party or the other. Whether those findings are legally supported is a question for the hearing justice based on the evidentiary record, whose decision can then be affirmed or reversed by the Court of Appeal. The Court of Appeal can also review the matter and ensure the initial decision followed proper processes. This is how events unfolded in this case and the Court of Appeal has made its determination on the matter.

(Check for commentary on CanLII Connects)

2. Enviro Hazmat Emergency Response Inc. v Olson2018 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)

3. Alberta Provincial Judges’ Association v Alberta, 2021 ABQB 199 (CanLII)

[28] Whatever degree of strictness required on the threshold test, the test requires more than a demonstration of an arguable case on the merits. That would be similar in effect to a relevance test, which was held to be inadequate in this context: BCJA at paras 61, 70. This is equally true where the arguments on the merits raise concerns under the third part of the Bodner test; the addition of the third part of the test was not meant to “to expand the scope of review such that the Cabinet decision-making process must necessarily be scrutinized in every case”: BCJA at para 39.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Médecins vétérinaires (Ordre professionnel des) c. Fortin, 2021 QCCDMV 1 (CanLII)

[80] L’article 9 du Code de déontologie des médecins vétérinaires se retrouve sous la section « intégrité » au sein de la section II intitulée « Devoirs envers le client ». Chercher à avoir une connaissance complète des faits avant de procéder à une chirurgie est un devoir fondamental du médecin vétérinaire. Il s’agit d’une infraction se situant au cœur de l’exercice de la profession.

(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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