Canada’s online legal magazine.

Archive for ‘Wednesday: What’s Hot on CanLII’ Feature

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. Vernon Professional Firefighters’ Association I.A.F.F. LOCAL 1517 v Corporation of the City of Vernon, 2018 CanLII 111669 (BC LA)

[266] On balance, our assessment of each factor and the interaction among them in this matrix of factors persuades us that this surreptitious surveillance as conducted by the employer was both a necessary collection of employee personal information for an investigation of . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. R. v. Acheampong, 2018 ONCJ 798

[72] The racialized context of the excessive use of force in this case also weighs in favour of a measurable reduction in sentence. While I accept that the actions of the police officers in this case were in no way influenced by any element of racism, there remains a perception of two armed white police . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. Mo-Tires Ltd. v. Canada (National Revenue), 1990 CanLII 3943 (CA CITT)

It seems evident to the Tribunal that the punctuation in both the French and English versions is determinative of the proper construction of subsection 26(5). The placement between the two clauses of the semi-colon and then the comma in the English version, and particularly of the period in the French . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. R. v. Marakah, 2017 SCC 59

[1] Can Canadians ever reasonably expect the text messages they send to remain private, even after the messages have reached their destination? Or is the state free, regardless of the circumstances, to access text messages from a recipient’s device without a warrant? The question in this appeal is whether the guarantee against unreasonable search and . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. David v. Loblaw, 2018 ONSC 6469

[4] I make no comment on the merits of those arguments here. They will doubtless be argued at a certification hearing some months down the road. I merely set out the background in order to illustrate why the request for funding approval has arisen. Given the discrepancy between, on one hand, the very large size . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. R. v. Bradshaw, 2017 SCC 35

[1] Hearsay is an out-of-court statement tendered for the truth of its contents. It is presumptively inadmissible because — in the absence of the opportunity to cross-examine the declarant at the time the statement is made — it is often difficult for the trier of fact to assess its truth. Thus hearsay can threaten the . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. R. v. Oakes, [1986] 1 SCR 103, 1986 CanLII 46

1. The Chief Justice‑‑This appeal concerns the constitutionality of s. 8 of the Narcotic Control Act, R.S.C. 1970, c. N‑1. The section provides, in brief, that if the Court finds the accused in possession of a narcotic, he is presumed to be in possession for the purpose of trafficking. Unless . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. Milne Estate (Re), 2018 ONSC 4174

[26] The fundamental problem with the Estate Trustee’s position is that the Primary and Secondary Wills overlap entirely. Each Secondary Will applies to virtually all property of the testator. There are no exclusions. These could be but have not been probated. The Primary Wills seek to carve out a variable subset of the property that . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. R v Watson, 2018 ABQB 832

[37] Further, in my view, the automatic one year suspension to which Mr. Watson has been subject should be subtracted from the mandatory minimum prohibition that would otherwise be imposed. To fail to do so would be to inflict a form of double punishment on him. One must presume that this was not Parliament`s intention; . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. R. v. Daviault, [1994] 3 SCR 63, 1994 CanLII 61 (SCC)

The facts of this case and the judgments below are set out in the reasons of Justice Sopinka. Although I agree with my colleague on a number of issues, I cannot agree with his conclusion that it is consistent with the principles of fundamental justice and the presumption of innocence . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. Toronto (City) v. Ontario (Attorney General), 2018 ONCA 761

[1] Given the urgency of this matter, an immediate decision on this stay motion is required to ensure that the Toronto municipal elections, set for October 22, 2018, proceed in as orderly a manner as possible. In the unusual circumstances of this case, we have decided to announce our decision without delay . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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. City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151

[70] Here, there is no evidence that any other options or approaches were considered or that any consultation ever took place. It appears that Bill 5 was hurriedly enacted to take effect in the middle of the City’s election without much thought at all, more out of pique than . . . [more]

Posted in: Wednesday: What's Hot on CanLII