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. R v Vader, 2016 ABQB 505

[687] The culpable homicide of Lyle and Marie McCann is either a murder or manslaughter: Criminal Code, s 222(4). A homicide is murder (Criminal Code, s 230) if Mr. Vader killed the McCanns:

1. during commission of a robbery (Criminal Code, s 343);

2. if Mr. Vader intended to cause . . . [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 CMG, 2016 ABQB 368

[33] I reject the argument that the accused is afforded any protection in the case at bar under s. 13 of the Charter or s. 5(2) of the Canada Evidence Act, RSC 1985, c C-5 [CEA]. Sections 13 of the Charter and 5(2) of the CEA are treated as offering the same . . . [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. Duncan, 2013 ONCJ 160

1. “You should get out of town”, the man said.

2. And so began the journey that resulted in my path intersecting with Matthew Duncan’s path. And thence to these reasons, with a slight detour through territory that might have confused Lewis Carroll.

3. I suppose that I should clarify that there was no menace . . . [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. Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249

[26] The appellant does not dispute the fact that it had the means to legally compel the respondent to provide information about a bond under s 33 of Alberta’s Builders’ Lien Act. Nor does it suggest ignorance of its general rights under a labour and material payment bond, or the need for . . . [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. Goska J. Nowak Professional Corporation v Robinson, 2016 ABCA 240

[21] This argument mischaracterizes the Agreement. The parties agreed that Dr. Robinson would provide his personal services to a corporate entity, his former professional corporation, RRPC 1. That corporation retained the assets of the practice. Dr. Robinson was to perform his services using office facilities and staff provided by RRPC 1 . . . [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. 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