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 the week of March 5 to 12:

1. Shakur v. Mitchell Plastics 2012 ONSC 1008
   

   [1] This is an action for wrongful dismissal. The Plaintiff (“Mr. Shakur”) was employed by the Defendant (“Mitchell Plastics”) as a machine operator from September 24, 2001 to August 27, 2007 when he was dismissed by the defendant. . . . [7] Although there was no evidence that the banter engaged in by Messrs. Shakur and Kelley had previously escalated into physical contact, on the occasion of August 17, 2007, it did lead to Mr. Shakur striking Mr. Kelley on the face with an open hand. Although the evidence is conflicting as to what exactly precipitated the strike by Mr. Shakur, I find that there was something said by Mr. Kelley which provoked Mr. Shakur to strike him. . . .

2. R v Friesen 2013 SKPC 28
   

   [3] The only basis for the charge of dangerous driving is the alleged speed of the accused’s vehicle. There is no evidence of erratic driving and no evidence of actual danger to other drivers or road users. The Crown is asking the Court to find that the accused’s action in driving at a very high speed in and of itself constituted dangerous driving.

3. Manitoba Metis Federation Inc. v. Canada (Attorney General) 2013 SCC 14
   

   [5] This appeal is about obligations to the Métis people enshrined in the Manitoba Act, a constitutional document. These promises represent the terms under which the Métis people agreed to surrender their claims to govern themselves and their territory, and become part of the new nation of Canada. These promises were directed at enabling the Métis people and their descendants to obtain a lasting place in the new province. Sadly, the expectations of the Métis were not fulfilled, and they scattered in the face of the settlement that marked the ensuing decades. [6] Now, over a century later, the descendants of the Métis people seek a declaration in the courts that Canada breached its obligation to implement the promises it made to the Métis people in the Manitoba Act.

The most-consulted French-language decision was Moko c. Ebay Canada Ltd. 2013 QCCS 856

[1] Les demandeurs, deux étudiants sans aucun doute éveillés, comme nous le verrons, poursuivent la défenderesse eBay Canada Inc. ( eBay ) pour ce qu’ils allèguent avoir été une perte de profit anticipé ou un manque d’opportunité d’un gain qu’ils espéraient réaliser en transigeant sur l’internet par l’entremise des services de la défenderesse.