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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 French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the most-consulted three English-language decisions were:

1. R v Ayyazi, 2022 ABQB 412 (CanLII)

[17] In the previously part of his Decision, I noted the well-established law that in Alberta, employing Strawman Theory immediately creates a presumption against the OPCA litigant that this act was done for illegal, bad faith, and ulterior purposes to defeat legal authority. That resulting . . . [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 French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the most-consulted three English-language decisions were:

1. Public Health Sudbury & Districts v Ontario Nurses’ Association, 2022 CanLII 48440 (ON LA)

44. The impact of this decision is that the grievor must demonstrate that she has a practice or belief, that has a nexus with her creed, that calls for a particular line of conduct, here the decision 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 French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week, the most-consulted three English-language decisions were:

1. O’Chiese First Nation v DLA Piper (Canada) LLP, 2022 ABCA 197

[11] In this unusual situation, we must assume that the Minister of Justice worded his Order to address a widespread sweep of time limits and limitation periods necessary for the operation and effectiveness of scores of statutes and associated regulations, including the Rules. Moreover, . . . [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 French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week, the most-consulted three English-language decisions were:

1. R. v. Bissonnette, 2022 SCC 23

[3] More specifically, the question before the Court is whether s. 745.51 of the Criminal Code, R.S.C. 1985, c. C‑46 (“Cr. C.”), which was introduced in 2011 by the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act, S.C. 2011, c. 5, s. 5, is contrary to ss. . . . [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 French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week, the most-consulted three English-language decisions were:

1. R. v. Brown, 2022 SCC 18

[2] At common law, automatism is “a state of impaired consciousness, rather than unconsciousness, in which an individual, though capable of action, has no voluntary control over that action” (R. v. Stone, 1999 CanLII 688 (SCC), [1999] 2 S.C.R. 290, at para. 156). It is sometimes said 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 French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week, the most-consulted three English-language decisions were:

1. Denis v Sauvageau, 2022 ABCA 166

[31] Granting a stay of proceedings pending appeal does not send a message that an appeal has merit. All it says is that there is a serious question to be decided about the contempt finding and that the remainder of the test for a stay has been met. The serious . . . [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. Brahma v. HR Services, 2022 ONSC 2645

[44] The Plaintiff’s breach of the deemed undertaking rule does not, in my view, automatically attract an award of elevated costs. It turns on the particular facts of each case. The Plaintiff’s counsel was unaware that any information was provided to his counterparts in the Florida action. The evidence before me regarding the breach is . . . [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. Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310

[78] In my view, the appellant is entitled to receive his proved statutory benefits unless that entitlement is precluded by the wording of ss. 2(1)3 and 9(1)6. ESA entitlements are statutory and disentitlement cannot be achieved by agreement, unless to provide for a greater benefit to the employee: ESA, s. 5(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. Cornwall (City) v Canadian Union of Public Employees, Local 5734, 2022 CanLII 29360 (ON LA)

[41] ACRs are records of the call from the perspective of the paramedic, wherein she or he documents her or his actions and observations. The ACR becomes part of the patient record, and is shared with any receiving facility to whom care of the patient is . . . [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. Cody, 2017 SCC 31

[1] In R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system. This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the right of accused persons, guaranteed under s. 11(b) of the Canadian Charter . . . [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. Ezokola v. Canada (Citizenship and Immigration), 2013 SCC 40

[84] In light of the foregoing reasons, it has become necessary to clarify the test for complicity under art. 1F(a). To exclude a claimant from the definition of “refugee” by virtue of art. 1F(a), there must be serious reasons for considering that the claimant has voluntarily made a significant and knowing contribution . . . [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. Spirito v. Spirito, 2022 ONSC 1839

[19] The leading case with respect to varying spousal support is L.M.P. v. L.S., [2011] 3. S.C.R. 775. The Supreme Court of Canada sets out the two-step process. First, the threshold in s. 17(4.1) of the Divorce Act regarding the change of circumstance must be met. The change must be a “material one, meaning a . . . [more]

Posted in: Wednesday: What's Hot on CanLII