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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. Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311

[60] I am therefore of the view, for all the foregoing reasons, that the legislative process, from its very inception where policy options are discussed and developed to the actual enactment of a bill following its adoption by both Houses and the granting of royal assent by the Governor . . . [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. Funk v Wawanesa Mutual Insurance Company, 2017 ABQB 308

[54] Given the intention of parties to this type of insurance coverage, which is to compensate the insured person injured as a result of an incident involving an unidentified automobile, it seems unreasonable to enforce a term of the contract that demands physical contact between the insured motor vehicle and the unidentified . . . [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 Hunt, 2016 NLCA 61

[32] In considering the integrity and repute of the justice system, particularly in light of the underlying principles discussed in Jordan, it is relevant to take account of the fact that a person under investigation, prior to a charge being laid, has no control over the process. He or she is at the mercy . . . [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. Soczek v Allstate Insurance Co., 2017 ONSC 2262

[2] The Defendant, Allstate Insurance Company of Canada (“Allstate”), brings a motion under Rule 20 of the Rules of Civil Procedure for summary judgment. It seeks to dismiss the Plaintiff’s claim for compensation for property damage incurred in a house fire. The Defendant submits that the claim falls with an exclusion clause 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. Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses, 2016 ABCA 255

[22] Accordingly, a court has jurisdiction to review the decision of a religious organization when a breach of the rules of natural justice is alleged. The respondent’s application raises numerous complaints regarding the process used by the appellants. He contends that he was not provided with particulars . . . [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. Elmardy v Toronto Police Services Board, 2017 ONSC 2074

[1] On a winter’s evening in Toronto, the Appellant, a black man, was walking on a downtown street when he was stopped by two Toronto Police Service officers. An interaction ensued during which the Respondent Constable Pak punched the Appellant in the face twice, emptied the Appellant’s pockets without his consent and . . . [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. Lanigan v. PEITF, 2017 PECA 3

[17] The Teachers’ Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect. . . . [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 S.B., 2016 NLCA 20

[43] If the complainant had denied having the affair and said that she had been truthful in her statements to police, one can see the rationale for defence counsel putting to the complainant, “Don’t these messages show that you were having an affair and, therefore, you lied in your statements to the police?” But when . . . [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. Abdulaali v Salih, 2017 ONSC 1609

1. The next time anyone at Legal Aid Ontario tells you they’re short of money, don’t believe it. It can’t possibly be true. Not if they’re funding cases like this.

2. The facts are simple. There are no complicated legal issues. Hardly worth a written endorsement, really.

3. But every now and then taxpayers ought . . . [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. Buenrostro-Ramirez, 2017 ONCJ 101

[33] While it makes little to no difference for analytical purposes, the alternative defence position, and the one I find more accurately reflects the informational function and mandatory impact of the statutory demand, is that the officer did not make an ASD demand until he read it from his notebook and translated it into non-legalese . . . [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. Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158

[79] The termination clause in Wood’s employment agreement contravenes the Employment Standards Act, 2000 for two reasons. First, it excludes Deeley’s statutory obligation to contribute to Wood’s benefit plans during the notice period. Second, it does not satisfy Deeley’s statutory obligation to pay severance pay. On either ground the clause is unenforceable. . . . [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. Clifford, 2016 BCCA 336

[19] In this case, there was no “independent” or “other” evidence of fabrication that would bring the appellant’s statements into the exception to the general rule that a disbelieved alibi cannot be used to support an inference of guilt. Although my colleague takes the view that the appellant’s response to the RCMP that he did . . . [more]

Posted in: Wednesday: What's Hot on CanLII