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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. Economical Mutual Insurance Company v. Caughy, 2016 ONCA 226

[17] Does parking a vehicle constitute the type of aberrant use contemplated by the Supreme Court in Citadel? In my view, it does not. The examples cited by Binnie J. were limited to circumstances in which a vehicle is not being used as a vehicle but for some other purpose. Parking 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. Ghomeshi, 2016 ONCJ 155

[128] I have very deliberately considered the evidence relating to each of the charges separately. Each complainant in this case had a different and unique experience with Mr. Ghomeshi. However, there are certain common aspects to their cases. Each had some involvement in the arts and entertainment world, which brought them into contact with 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. Murillo v Turnbull, 2016 ONSC 1906

[26] Taking on a personal injury file on a contingent fee basis is a gamble. The law firm puts up their own money to fund disbursements, and carries their work in progress on their books unbilled, in the expectation that they will ultimately reap a generous reward when the case is concluded by a settlement . . . [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. Jackson v Mayerle, 2016 ONSC 1556

8. These are nice, average people. Of modest means (now considerably more modest). They drive old cars and probably pinch pennies shopping at Costco.

9. And yet somehow, between them, they spent more than half a million dollars on lawyers “to have a judge tell us something we could arrange ourselves.”

(Check for commentary . . . [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. HS (Re), 2016 ABQB 121

[104] Her application is not made in a moment of weakness and her desire for physician-assisted death is long-standing. The evidence is that, since her diagnosis, she has explored various options around physician-assisted death. At various points in time she explored going to Switzerland, Basel and Québec. Her friend M.V. confirms this, stating that Ms. S. . . . [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. Keenan v. Canac Kitchens Ltd., 2016 ONCA 79

[24] The trial judge observed that, in the jurisprudence leading to a recognition of the intermediate category of dependent contractors, a finding that the worker was economically dependent on the company due to complete exclusivity or a high level of exclusivity weighed heavily in favour of the conclusion that the worker was 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. Pyrrha Design Inc v Plum and Posey Inc, 2016 ABCA 12

[10] And, quite apart from avoiding the multiplicity of actions – the mischief sought to be avoided by s 8 of the Judicature Act and R 1.3 of the Alberta Rules of Court, a proposition for which there is also ample case authority – the chambers judge properly adhered to . . . [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. Hole v Hole, 2016 ABCA 34

[62] Although the trial judge essentially treated this as a situation of repudiation or anticipatory breach, she did not consider whether the appellants elected to accept or reject the repudiation. There is no evidence on the record that the appellants clearly and unequivocally accepted the repudiation, and the appellants’ November 2000 request for the respondents . . . [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. Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC, 2016 ONCA 60

[88] I have no doubt that the motion judge was well-intentioned. I have no doubt that he put a great deal of effort into resolving the jurisdiction issue. However, my review of the three endorsements leads me to conclude that the motion judge’s actions gave rise to 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 Tran, 2015 ONSC 5607

[58] Harrison and Blake both demonstrate that even where police misconduct falls short of obstruction of justice, it can serve as a basis to stay a prosecution involving the possession and trafficking of a substantial quantity of drugs. Here, the false creation of a pretext to search the Defendant’s vehicle, combined with the collusive fabrication . . . [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. Elliott, 2016 ONCJ 35

One cannot understand this case without knowing about Twitter. The evidence about Twitter – what it is, how it works and how its users understand that it works – came from four sources: the evidence of Police Constable Dayler, who is qualified as an expert in Twitter; the evidence of Ms. Guthrie, who works as . . . [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. Bradshaw, 2015 BCCA 195

[3] The murders took place five days apart in March 2009. Roy Thielen quickly emerged as a suspect and became the target of a “Mr. Big” investigation. Over the course of that investigation, Mr. Thielen made a range of statements to undercover officers. In May 2010, during a road trip between Edmonton and Calgary, Mr. . . . [more]

Posted in: Wednesday: What's Hot on CanLII