Canada’s online legal magazine.
Solo lawyer start-up guide
LexisNexis Legal Products

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. Last, 2009 SCC 45, [2009] 3 SCR 146

[1] The Crown enjoys a large discretion in deciding to include more than one count in an indictment (s. 591(1) of the Criminal Code, R.S.C. 1985, c. C-46). On an application to sever a multi-count indictment, the overarching criteria are the interests of justice. This appeal raises the issue of whether . . . [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. Barbra Schlifer Commemorative Clinic v. Canada, 2014 ONSC 5140

[41] The Applicant’s section 7 challenge uses the 1995 Firearms Act as a baseline against which to measure the licensing and registration system under the Act, and finds the latter lacking. In the Applicant’s characterization, while the regulatory regime that existed from 1995 until the coming into force of the Act 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. R. v. Craig, 2009 SCC 23, [2009] 1 SCR 762

[1] Abella J. — The issue in this appeal is how to apply the forfeiture provisions for offence-related real property under ss. 16(1) and 19.1(3) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.* Two interpretive approaches are possible. Neither is free from difficulty, but one is, it seems . . . [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. Hryniak v. Mauldin, 2014 SCC 7

[1] Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial. Without an effective and accessible means 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. Cruz v. McPherson, 2014 ONSC 4841

[30] Based on the information contained in the marketing brochure, the Cruzs’ Statement of Claim alleges that there is a partnership between Summit Legal (a corporation) and Fireman Wolfe LLP. The Statement of Claim, however, does not allege – nor could it allege – that there is a partnership comprised of a corporation (Summit Legal), . . . [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. Yetman v. Marzec, 2014 ONSC 4624

[9] The overarching answer to these three factors comes about by asking the question: Why did this trial, which generated the significant costs claimed, occur?

[10] The Defendant driver, Mr. Marzec, did not participate. The Statutory Third Party denies coverage to that driver, an issue that has not yet been determined. The Statutory Third Party’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. Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53

Appeals from commercial arbitration decisions are narrowly circumscribed under the Arbitration Act. Under s. 31(1), they are limited to questions of law, and leave to appeal is required if the parties do not consent to the appeal. Section 31(2)(a) sets out the requirements for leave at issue in the present case: . . . [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. Hart, 2014 SCC 52

[1] When conventional investigations fail to solve serious crimes, police forces in Canada have sometimes used the “Mr. Big” technique. A Mr. Big operation begins with undercover officers luring their suspect into a fictitious criminal organization of their own making. Over the next several weeks or months, the suspect is befriended by the undercover officers. . . . [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. Taylor, 2014 SCC 50

[1] This is a case about the police informing an individual about his right to counsel as soon as he was arrested, then promptly forgetting to implement it throughout his detention, including during his stay in a hospital. While he was at the hospital, blood samples were taken which were used as evidence at trial 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. Dennis v. Ontario Lottery and Gaming Corporation, 2014 ONSC 3882

[64] Where theft by an employee is suspected the outcome of criminal charges is not determinative for employment purposes. An act of theft by an employee may be provable on a civil standard that falls short of proof beyond a reasonable doubt.

[65] In the particular circumstances of this case, including . . . [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. Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858

[52] The Vice-Chair concluded that the applicant failed to establish that the decisions to suspend and terminate his appointment were discriminatory. The Commissioner suspended the applicant’s appointment because his comments put into question the appropriateness of his appointment as a First Nations Constable. The suspension allowed the OPP to investigate his conduct. . . . [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. Tsilhqot’in Nation v. British Columbia, 2014 SCC 44

[1] What is the test for Aboriginal title to land? If title is established, what rights does it confer? Does the British Columbia Forest Act, R.S.B.C. 1996, c. 157, apply to land covered by Aboriginal title? What are the constitutional constraints on provincial regulation of land under Aboriginal title? Finally, how are broader public . . . [more]

Posted in: Wednesday: What's Hot on CanLII