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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. Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (CA LA)

While violating an employer policy may be grounds for discipline, expressing disagreement with a policy is not. I fail to see any basis for discipline in this message, and I agree with the union that if employees could lose their jobs for privately criticizing their bosses – even if . . . [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. Vavilov, 2019 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

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. C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (CanLII)

[197] The requirement that parties not lie is straightforward. But what kind of conduct is covered by the requirement that they not otherwise knowingly mislead each other? Absent a duty to disclose, it is far from obvious when exactly one’s silence will “knowingly mislead” the other contracting party. Are we to draw . . . [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. Miller v Edmonton (City), 2020 ABQB 784 (CanLII)

[23] One point where I disagree with Edmonton is that this is an instance where Mackin v New Brunswick (Minister of Finance) would apply, and that allegations that a law is unconstitutional cannot ground a claim for damages. When conducting procedure pursuant to r 3.68, pleadings are presumed to be factually correct ( . . . [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. Canadian Appliance Source LP v. Ontario, 2020 ONSC 7492 (CanLII)

[27] However, I have little understanding of the public interest assessment behind the Covid-19 regulatory regime. Everyone sees the apparent unfairness of small stores closing while big box stores remain open. Are there issues about trying to change the public’s habits during the shutdown? That is, are stores shut down not . . . [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. Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69 (CanLII), [2000] 2 SCR 1120

71 The appellants say a regulatory structure that is open to the level of maladministration described in the trial judgment is unconstitutionally underprotective of their constitutional rights and should be struck down in its entirety. In effect they argue that Parliament was . . . [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. Anglin v Resler, 2020 ABCA 184 (CanLII)

[16] Vicarious liability is not a distinct tort but “a theory that holds one person responsible for the misconduct of another because of the relationship between them”: 671122 Ontario v Sagaz Industries Canada, 2001 SCC 59, para 25, [2001] 2 SCR 983. The Supreme Court in Bazley v Curry, 1999 CanLII 692 (SCC), . . . [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. Attorney General for Ontario v. Persons Unknown, 2020 ONSC 6974 (CanLII)

[76] In my view, the “Persons Unknown” format does not allow the Attorney General to seek ex parte interpretations of laws to restrict unnamed respondents from suing others in future. Neither is it appropriate for the Attorney General to seek this court’s legal opinion on a hypothetical question of interpretation. . . . [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. Sga’nism Sim’augit (Chief Mountain) v. Canada (Attorney General), 2013 BCCA 49 (CanLII)

[2] The Treaty is a complex, detailed and comprehensive agreement addressing all aspects of the continuing relationship between the Nisga’a Nation, Canada and British Columbia, as well as the powers of Nisga’a Government to make laws in relation to matters vital to the Nisga’a, including the preservation of Nisga’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. Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32 (CanLII)

[1] This appeal requires this Court to decide whether s. 12 of the Canadian Charter of Rights and Freedoms protects corporations from cruel and unusual treatment or punishment. Like our colleagues, we conclude that it does not, because corporations lie beyond s. 12’s protective scope. Simply put, the text “cruel . . . [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. Gorham et al. v. Behm et al., 2020 ONSC 6469 (CanLII)

[18] I find on a balance of probabilities that the Defendants were motivated to express themselves with a view to communicating with a community they were part of in hopes of bringing about positive change to that community. Their motivation strikes me as reasonable and their communication was consistent with . . . [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. Warner v Calgary Regional Health Authority (Rockyview General Hospital), 2020 ABQB 172 (CanLII)

[38] An independent intervening event is an event unrelated to the tort, such as a disease or a non-tortious accident, that occurs after the plaintiff suffers injuries from the tort: Athey at para 31. A finding of an independent intervening event does not necessarily result in a break in . . . [more]

Posted in: Wednesday: What's Hot on CanLII