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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. Canadian Transit Company v. Windsor (Corporation of the City), 2015 FCA 88

[73] In this case, Canadian Transit – established as a federal corporation under the federal Special Act to pursue federal objects and invoking a federal provision allowing the Federal Court to make declarations concerning federal works and undertakings – has asked the Federal Court what exactly its rights are . . . [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. Grande National Leasing Inc. v Vaccarello, 2015 ONSC 5463

[36] The defendant in this case was not represented at trial. The plaintiff had the assistance of a paralegal. Although it can often be frustrating for a trial judge to deal with an unrepresented litigant, it is a reality every trial judge faces often, particularly in the Small Claims Court. Sometimes when . . . [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. 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 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 Porter, 2015 ABCA 279

[16] The principle against self-incrimination is a principle of fundamental justice under s 7 of the Charter. An accused is not required to respond to an allegation of wrongdoing made by the state until the state has succeeded in making out a prima facie case against him or her: White, para 40. The principle was . . . [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. R v Villaroman, 2015 ABCA 104

[19] We have trouble seeing that circumstantial evidence could prove guilt where it leaves a reasonable (not remote) possibility that the event occurred in a way not involving the accused. A jury cannot act on an unreasonable inference. It is not necessary that there be actual evidence of that innocent possibility; the onus is on . . . [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. Modry v Alberta Health Services, 2015 ABCA 265

[109] Whether or not the respondent surgeon is, in fact, entitled to reinstatement on account of his status as a medical staff appointment with AHS under the Hospitals Act does not end the analysis under the balance of convenience arm of the tripartite test. The evidence of harm to the respondent surgeon (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. The Manufacturers Life Insurance Company v High Park Medical & Rehabilitation Centre Ltd, 2015 ONSC 5169

[9] Finally, I note that in my endorsement, I limited the parties to three pages of submissions on costs. I also required the defendants to deliver a Costs Outline for comparison purposes. I expressly directed that case law was not to be provided but 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. Fernandes v. Araujo, 2015 ONCA 571

[45] As an intermediate court of appeal, we are ordinarily bound to follow our past decisions, even decisions with which we disagree. It is important that we do so. Our common law legal tradition rests upon the idea that we will adhere to what we decided in the past. As expressed by the Latin phrase . . . [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. Borthwick v Lombard Insurance, 2015 ONSC 4845

[88] At this stage, I do not know what form of business organization was involved in cutting down trees on the Fox Hollow Farm. While Messrs. Douglas and Borthwick may have been involved in a joint venture or have formed a partnership, it is equally possible no new business organization was created by Mr. . . . [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. Wyllie v Larche, 2015 ONSC 4747

[79] Mr. Wyllie’s entitlement under the Canada Labour Code is to payment in lieu of notice and to severance pay. He was paid two weeks remuneration in lieu of notice. He was additionally entitled to receive severance pay. Severance pay is distinct from payment in lieu of notice. If an employer decides to provide working . . . [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. Frank v. Canada (Attorney General), 2015 ONCA 536

[6] Permitting all non-resident citizens to vote would allow them to participate in making laws that affect Canadian residents on a daily basis, but have little to no practical consequence for their own daily lives. This would erode the social contract and undermine the legitimacy of the laws. The legislation is aimed at . . . [more]

Posted in: Wednesday: What's Hot on CanLII