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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. Teva Canada Limited v. Bank of Montreal, 2016 ONCA 94

[51] I accept that the made-up entity Pharma Team System has a name sufficiently similar to the name of Teva’s real customer Pharma Systems that one might plausibly confuse the two. The same might be said of PCE Pharmacare and PCE Management Inc., though less obviously so. Indeed, the motion judge . . . [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. The Estate of Henry Goldentuler v Crosbie et al, 2016 ONSC 5071

[40] I agree with the plaintiffs that the case law supports the proposition that, notwithstanding there was no written agreement between the plaintiff and the defendants, the defendants breached their duties of loyalty, good faith and avoidance of conflict of interests and self-interest while working in the plaintiff’s employ. . . . [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. Peters v Peel District School Board, 2016 ONSC 4788

[44] I find that Ms. Peters had experience in doing the long jump and would understand the difference between a run-through, a pop up, and a regular jump. It is clear from her testimony and it is clear from the Agreed Statement of Facts. In Windsor in Grade 10 she participated on . . . [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 Korzh, 2016 ONSC 4745

[29] I am mindful of the Supreme Court’s admonition “to apply the framework contextually and flexibly for cases currently in the system,” but nonetheless find that the case is clearly over the presumptive threshold for cases in the Provincial Court and the Crown has not met its burden to establish the presence of exceptional circumstances . . . [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. Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30

[1] Even if the underlying facts involve another jurisdiction, a Canadian court can, if there is a sufficient connection, assume jurisdiction over a tort claim. In Van Breda,[1] this Court identified four “presumptive connecting factors” to assist in making this determination. This appeal focuses on 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. Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29

[1] At common law, a non-unionized employee could be dismissed without reasons if he or she was given reasonable notice or pay in lieu. The issue in this appeal is whether Parliament’s intention behind amendments to the Canada Labour Code[1] in 1978 was to offer an alternative statutory scheme consisting 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. Strudwick v. Applied Consumer & Clinical Evaluations Inc., 2016 ONCA 520

[115] With respect, however, I am of the view that in assessing the quantum of punitive damages the motion judge fell into legal error in two respects. First, he viewed Applied Consumer’s failure to try to conceal the misconduct or failure to profit from the misconduct as mitigating the company’s . . . [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 Stephan, 2016 ABQB 353

[7] When the impact of this offence is considered, the Court considers how the commission of the offence by Mr. Stephan and Ms. Stephan has affected Ezekiel, other victims, and the community. This part of the inquiry is not about a public debate on, for example, state intervention, natural remedies, or whether there should even be . . . [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. Saeed, 2016 SCC 24

[1] The common law power of search incident to arrest is an ancient and venerable power. For centuries, it has proved to be an invaluable tool in the hands of the police. Perhaps more than any other search power, it is used by the police on a daily basis to detect, prevent, and solve crimes. . . . [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. Groia v. The Law Society of Upper Canada, 2016 ONCA 471

[101] But it is a far different thing to argue, as Mr. Groia does, that a trial judge’s authority to supervise and control the progress of the trial and the conduct of its participants constrains the Law Society’s exercise of its statutory jurisdiction to regulate a lawyer’s in-court conduct in . . . [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. Olson, 2016 BCPC 150

[63] Mr. Olson’s entire relationship with the complainant, outside of the sexual one, was steeped in his role at the school: as a teacher, a house leader and as one of the group of teachers and house parents who stood in a parental role for all of the students. There was an inherent power imbalance . . . [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. Anspor v Neuberger, 2016 ONSC 75

[1] This application involves a dispute over who owns two Toronto Maple Leafs (the “Leafs”) season tickets (the “Tickets”).

(Check for commentary on CanLII Connects)

2. Ramdath v George Brown College, 2016 ONSC 3536

[2] This is that rare class action that actually went to trial and in doing so generated new . . . [more]

Posted in: Wednesday: What's Hot on CanLII