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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. Moncur v. Plante, 2020 ONSC 4391 (CanLII)

[19] Of concern for the court was the lack of information in relation to Mr. Moncur’s sister and niece and their social contacts. The court had no ability to assess the extent of that family’s social circle. According to the provincial guidelines, each person can only belong to one social circle. So, if a . . . [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 Hills, 2020 ABCA 263 (CanLII)

[112] The concern about uncertainty and having unconstitutional laws on the statute books assumes that, just because there has been a Charter infringement, the law enabling it must be unconstitutional. That assumption may not be justified in all cases. The problem may be that courts are too quick to re-characterize complaints about Charter-infringing conduct . . . [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. Nanda v. McEwan, 2020 ONCA 431 (CanLII)

[41] In my view, expressions concerning racism, sexism, corruption, abuse of union funds, and misconduct by a candidate for President of the Toronto Local of a Canadian public sector union relate to a matter of public interest. In the words of McLachlin C.J.C. in Torstar, at para. 102, “[i]t is enough that some . . . [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 Howell, 2020 ABQB 385 (CanLII)

[315] If the objective of the ACMPR was to provide reasonable but safe access to medical marihuana, there does not appear to be any reasonable justification for the limitation on the THC concentration in oil and extracts.

[316] In my view, that prohibition fails because it is arbitrary. While there might be some rational . . . [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. Theriault, 2020 ONSC 3317 (CanLII)

[19] I am also mindful that there is a distinction between credibility and reliability. Credibility relates to the honesty of the witness’ testimony. Reliability relates to the accuracy of the witness’ testimony which engages a consideration of the witness’ ability to accurately observe, recall and recount an event; see R. v. H.C., 2009 . . . [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. Waksdale v. Swegon North America Inc., 2020 ONCA 391 (CanLII)

[10] We do not give effect to that submission. An employment agreement must be interpreted as a whole and not on a piecemeal basis. The correct analytical approach is to determine whether the termination provisions in an employment agreement read as a whole violate the ESA. Recognizing the 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. Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2020 ABQB 359 (CanLII)

[1] The applicant contests his ouster as president of the respondent organization. He applied, unsuccessfully, for an interim injunction reinstating him. As part of the “no injunction” order, I directed the parties to attempt to draw up the procedural roadmap for the reinstatement litigation, which they were unable . . . [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. Sullivan, 2020 ONCA 333 (CanLII)

[42] The trial judge was correct in finding s. 33.1 to be in prima facie violation of both ss. 7 and 11(d) of the Charter. Section 33.1 violates each of the constitutional principles that were identified by Cory J. for the majority in R. v. Daviault, 1994 CanLII 61 (SCC), [1994] 3 . . . [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. United States v Meng, 2020 BCSC 785

[82] Ms. Meng’s approach to the double criminality analysis would seriously limit Canada’s ability to fulfill its international obligations in the extradition context for fraud and other economic crimes. The offence of fraud has a vast potential scope. It may encompass a very wide range of conduct, a large expanse of time, and acts, . . . [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. Meads v. Meads2012 ABQB 571

[1] This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission or by descriptions given by others) often fall into the following . . . [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. Arconti v. Smith, 2020 ONSC 2782 (CanLII)

[19] In my view, the simplest answer to this issue is, “It’s 2020”. We no longer record evidence using quill and ink. In fact, we apparently do not even teach children to use cursive writing in all schools anymore. We now have the technological ability to communicate remotely effectively. Using it is more efficient . . . [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. Canada (Minister of Citizenship and Immigration) v. Vavilov2019 SCC 65

[1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.

[2] In these reasons, we will address two key aspects of the current administrative law . . . [more]

Posted in: Wednesday: What's Hot on CanLII