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. McGoey (Re), 2019 ONSC 80

[25] Mr. Phinney has definitively identified the typeface used in the Ledge Lodge document, dated January 4, 1995, as set in a font called Cambria. As of January 4, 1995, however, the Cambria typeface had not yet been created. It was designed for Microsoft beginning in 2002 and did not reach the general public until January . . . [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. Heller v. Uber Technologies Inc., 2019 ONCA 1

[3] The appellant commenced this proposed class action on behalf of “[a]ny person, since 2012, who worked or continues to work for Uber in Ontario as a Partner and/or independent contractor, providing any of the services outlined in Paragraph 4 of the Statement of Claim pursuant to a Partner and/or independent contractor agreement” . . . [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. Das v. George Weston Limited, 2018 ONCA 1053

[175] In the present case, the appellants assert that Loblaws assumed responsibility for the safety of the workers in Rana Plaza and anyone else attending there based on its relationship with New Wave. The argument for Loblaws’ assumption of responsibility is grounded in four essential factors: the incorporation of Loblaws’ CSR Standards into . . . [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. Bazos v. Bell Media Inc., 2018 ONSC 7462

[7] The Applicant submits that she is a public interest litigant and that she should be subject to the discretionary rule that is sometimes applied in public interest litigation that no costs, or reduced costs, are ordered. The Applicant submits that costs should not be awarded against her. Alternatively, the Applicant submits that . . . [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. Sokoloff v. Mahoney, 2018 ONSC 7223

[44] The Plaintiff’s claim seeks payment of punitive damages on the basis that the negligence lawsuit was initiated in bad faith in an effort to bully the Plaintiff into walking away from its legitimate fee account. The Amended Statement of Claim further alleges that Mr. Falconeri and his law firm have done this in 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. Vernon Professional Firefighters’ Association I.A.F.F. LOCAL 1517 v Corporation of the City of Vernon, 2018 CanLII 111669 (BC LA)

[266] On balance, our assessment of each factor and the interaction among them in this matrix of factors persuades us that this surreptitious surveillance as conducted by the employer was both a necessary collection of employee personal information for an investigation 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. Acheampong, 2018 ONCJ 798

[72] The racialized context of the excessive use of force in this case also weighs in favour of a measurable reduction in sentence. While I accept that the actions of the police officers in this case were in no way influenced by any element of racism, there remains a perception of two armed white police . . . [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. Mo-Tires Ltd. v. Canada (National Revenue), 1990 CanLII 3943 (CA CITT)

It seems evident to the Tribunal that the punctuation in both the French and English versions is determinative of the proper construction of subsection 26(5). The placement between the two clauses of the semi-colon and then the comma in the English version, and particularly of the period in the French . . . [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. Marakah, 2017 SCC 59

[1] Can Canadians ever reasonably expect the text messages they send to remain private, even after the messages have reached their destination? Or is the state free, regardless of the circumstances, to access text messages from a recipient’s device without a warrant? The question in this appeal is whether the guarantee against unreasonable search 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. David v. Loblaw, 2018 ONSC 6469

[4] I make no comment on the merits of those arguments here. They will doubtless be argued at a certification hearing some months down the road. I merely set out the background in order to illustrate why the request for funding approval has arisen. Given the discrepancy between, on one hand, the very large size . . . [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, 2017 SCC 35

[1] Hearsay is an out-of-court statement tendered for the truth of its contents. It is presumptively inadmissible because — in the absence of the opportunity to cross-examine the declarant at the time the statement is made — it is often difficult for the trier of fact to assess its truth. Thus hearsay can threaten 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. R. v. Oakes, [1986] 1 SCR 103, 1986 CanLII 46

1. The Chief Justice‑‑This appeal concerns the constitutionality of s. 8 of the Narcotic Control Act, R.S.C. 1970, c. N‑1. The section provides, in brief, that if the Court finds the accused in possession of a narcotic, he is presumed to be in possession for the purpose of trafficking. Unless . . . [more]

Posted in: Wednesday: What's Hot on CanLII