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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. Nissen v. Durham Regional Police, 2015 ONSC 1268

[1] In a criminal law context, “informer” privilege is almost absolute. What this means is that a person who provides information to police about actual or suspected criminal activity, in exchange for a promise of anonymity, is guaranteed that anonymity will be preserved. It is only where innocence is at stake that 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. Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10

[1] The issue in this appeal is whether and in what circumstances a non-unionized employee who is suspended with pay may claim to have been constructively dismissed. The case involves the indefinite suspension of an employee with pay in the context of negotiations for a buyout of his contract 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. Armitage, 2015 ONCJ 64

[2] Before I get to this, I would like to make two short comments. First of all, I want to say something about the style of this decision. For those who have read some of my past judgments, the reader may notice a change. For Jesse Armitage, I have tried to say what I wanted . . . [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 Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited, et al., 2015 ONSC 1177

[1] We have a marvellous legal system in Ontario. Anybody is permitted to walk into a courthouse and commence a civil law suit about anything. The court will patiently provide all of the time and services reasonably (and, sometimes, unreasonably) necessary. The matter may go 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. Iannarella v. Corbett, 2015 ONCA 110

[114] In my view, the improper use of the surveillance evidence gave rise to a form of trial by ambush. This came about because the trial judge did not require the defence to comply with the Rules in relation to the disclosure of the surveillance evidence and the provision of particulars. The trial judge did . . . [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. Lloyd v. Napanee (Town), 2015 ONSC 761

[170] Having identified Rankins Corner as a “hot spot”, I find that Napanee either knew or should have known that in a winter event such as the snow fall on January 3, 2003, Rankins Corner would likely become an unreasonable risk to users of Cty Rd 9 and would, for that reason, require special . . . [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. Carter v. Canada (Attorney General), 2015 SCC 5

[1] It is a crime in Canada to assist another person in ending her own life. As a result, people who are grievously and irremediably ill cannot seek a physician’s assistance in dying and may be condemned to a life of severe and intolerable suffering. A person facing this prospect has two options: . . . [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. Moore v. Getahun, 2015 ONCA 55

[63] Consultation and collaboration between counsel and expert witnesses is essential to ensure that the expert witness understands the duties reflected by rule 4.1.01 and contained in the Form 53 acknowledgment of expert’s duty. Reviewing a draft report enables counsel to ensure that the report (i) complies with the Rules of Civil Procedure and 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. Bernstein v. Poon, 2015 ONSC 155

[22] This dispute arises at one of the many intersections between business and profit on the one hand, and health and wellness on the other. Both the plaintiffs and the defendant are, financially, the beneficiaries of the burgeoning needs and demands of an increasingly obese population. While the plaintiffs are openly commercial and not dependent . . . [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. Leggat v. Jennings, 2015 ONSC 237

[30] In view of the almost absolute nature of the privilege, competing interests are much less relevant, and indeed, as stated by Major J. in McClure, a balancing of interests is not appropriate. Solicitor-client privilege will almost invariably prevail over other interests. It is with that focus that I will analyze the issue before me, . . . [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. Szakacs v. Clarke, 2014 ONSC 7487

[1] For best courtroom adaptation of a work of fiction, the award goes to the applicant, Clarissa Olenka Szakacs, who shamelessly feigned what she thought was necessary to convince the court to circumscribe access by the respondent to their almost-six-year-old daughter.

[2] One could sit in Family Court for many years and not encounter such . . . [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. Sandu v. Fairmont Hotels and Another, 2014 ONSC 5919

[55] As mentioned above, the contents of the Midnight Log were circulated only within the circle of individuals within Fairmont who were its appropriate recipients. To that extent, the publication of the words complained of was contained.

[56] I accept that Sevillya was upset and embarrassed as a result of the publication. . . . [more]

Posted in: Wednesday: What's Hot on CanLII