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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. 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

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. Royal Bank of Canada v. Trang, 2014 ONCA 883

[55] A current mortgage balance is not publicly available information. Just because the legislature chose to make the details of a mortgage publicly available at the beginning of the mortgage relationship does not strip a mortgage balance during the course of a mortgage relationship of the sensitivity it would ordinarily have – . . . [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. Governing Council of the University of Toronto v CUPE Local 3902, Unit 1, 2015 CanLII 38167 (ON LA)

The parties agreed upon two new and important provisions that would provide tuition and bursary funding. There provisions were part of a Memorandum that was rejected in February. Data was then exchanged, modifications ensued and the University accepted the union’s counteroffer leading 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. Meads v. Meads, 2012 ABQB 571

[1] This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission or by descriptions given by others) often fall into the following . . . [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. Sorochan v Bouchier, 2015 ABCA 212

[39] Thus, another equally plausible inference is that, given her age and the permanent and significant nature of her disability, it was not reasonable for the appellant to apply for Long Term Disability Benefits and meet its rehabilitation requirements with a view to someday returning to the classroom. It is far from certain that she . . . [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. Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265

[3] Google contends that the injunction ought not to have been granted because the application did not have a sufficient connection to the Province to give the Supreme Court of British Columbia competence to deal with the matter. It also argues that the injunction represents an inappropriate burden on an innocent non-party . . . [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. Saleh v Nebel, 2015 ONSC 3680

[42] I told Mr. Elkin that the question I had raised concerned compliance or lack of compliance with the order made by Stinson J. I told him that the Supreme Court of Canada has said that the civil justice system in Canada is broken and that more intensive Trial Management is one of the mechanisms . . . [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. Delchev, 2015 ONCA 381

[45] In explaining how I reach this conclusion, I first outline the approach to the review of prosecutorial discretion, including the threshold evidentiary burden that must be met by an accused person alleging an abuse of process based on the improper exercise of prosecutorial discretion. Second, I explain why the Crown’s offer and the circumstances . . . [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. Law Society of Upper Canada v Robson, 2015 ONLSTA 18

[15] Mr. Robson has communicated with the Tribunal and Law Society counsel on multiple occasions in ways that are properly characterized as deeply offensive and appalling. However, given our conclusion above, it is unnecessary for us to consider whether his conduct would have disqualified him from a favourable costs order, had . . . [more]

Posted in: Wednesday: What's Hot on CanLII