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. 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

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. Adam v. Canada (Environment), 2011 FC 962

[35] Considering all of the foregoing, and keeping in mind that “[i]nterpretations of treaties and statutory provisions which have an impact upon treaty or aboriginal rights must be approached in a manner which maintains the integrity of the Crown” (Badger, above), the Minister clearly erred in reaching his decision by failing to take 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. A.T. v. Globe24h.com, 2017 FC 114

[70] In my view, the respondent’s claimed purpose “to make law accessible for free on the Internet” on Globe24h.com cannot be considered “journalistic”. In this instance, there is no need to republish the decisions to make them accessible as they are already available on Canadian websites for free. The respondent adds no value to 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. Groia v. The Law Society of Upper Canada, 2016 ONCA 471

[101] But it is a far different thing to argue, as Mr. Groia does, that a trial judge’s authority to supervise and control the progress of the trial and the conduct of its participants constrains the Law Society’s exercise of its statutory jurisdiction to regulate a lawyer’s in-court conduct 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 Natewayes, 2015 SKCA 120

[1] Tasia Natewayes was charged with manslaughter in connection with a stabbing death that occurred during the course of a home invasion. She had driven a group of men to the house where the fatal attack occurred so they could assault Cody Vandall. The trial judge acquitted Ms. Natewayes of manslaughter but convicted her of break . . . [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. Ernst v. Alberta Energy Regulator, 2017 SCC 1

[1] The appellant, Ms. Ernst, claims that a quasi-judicial, regulatory board, the Alberta Energy Regulator (the “Board”), breached her right to freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms. She brought a claim against the Board for damages as an “appropriate and just” remedy under . . . [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. Jane Doe 464533 v N.D., 2017 ONSC 127

[44] I am not persuaded that the motion judge erred in his consideration of the evidence of N.D. that he would not file a defence and the plaintiff could do what she needed to do. In his discretion, the motion judge identified other factors that mitigated that statement. Although he did not make . . . [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. Vanshaw Enterprises Ltd v Mayfield Investments Ltd, 2016 ABQB 619

[25] The landlord argues forcefully that the missing schedule is a red herring. The obligation to pay rent was not subject to schedule “A”, and furthermore the tenant, through at least two different representatives, was on-site during the entire construction period. They knew what was being built. They had access 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. R v Magoon, 2016 ABCA 412

[51] The trial judge was alive to these concerns and applied the framework described by Moldaver J in Hart. In assessing the probative value of Magoon’s Mr. Big statements, the trial judge considered all the circumstances in which the statements were made. She noted, in particular, the nature and extent of the inducements offered, . . . [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. Alberta (Attorney General) v Malin, 2016 ABCA 396

[13] This rationale for the Judge’s claimed right to appeal cannot withstand scrutiny. It too amounts to a challenge to legislation, the Criminal Rules, and, in turn, the rule-making authority under the Code of the superior courts under s 96 of the Constitution Act, 1867. We are unable to discern any extant . . . [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. Platnick v Bent, 2016 ONSC 7340

[2] The email communication giving rise to this litigation was made by Ms. Bent – then president-elect of the Ontario Trial Lawyers Association – to a confidential “Listserve” accessible only by those OTLA members who subscribed to it. The email alerted subscribers to an incident that had occurred during the course of her representation of a . . . [more]

Posted in: Wednesday: What's Hot on CanLII