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. Malton v Attia, 2016 ABCA 130

[83] In this case, the numerous unjustified criticisms of and adverse findings against the appellants and their counsel, already discussed in these reasons, raise a concern that the trial judge was predisposed against the appellants. Taken individually, the various adverse findings and criticisms would not be able to withstand appellate review, but they would not necessarily lead to a reasonable apprehension of bias. Taken cumulatively, they point to an animus against the appellants and their counsel that is troubling. The sustained reaction of the trial judge to the appellants’ decision to apply for and then appeal the preliminary ruling is illustrative of this issue; this was not a case of a trial judge being momentarily frustrated with counsel’s conduct. The problem continued with the awards for punitive damages and the findings of litigation misconduct leading to increased costs.

(Check for commentary on CanLII Connects)

2. R. v. Taylor, 2016 ONCJ 241

[21] Mr. Taylor also testified that he drove into the mall parking lot because he was in fear of the intentions of the driver who was obviously following him. He was particularly concerned about this because of past experiences in the 1980’s when he was driving in the U.S. regularly. At that time, there was a series of carjackings which began with the carjackers rear-ending the target vehicle and then hijacking it when its driver pulled over and stopped. This had happened to Mr. Taylor himself.

(Check for commentary on CanLII Connects)

3. World Bank Group v. Wallace, 2016 SCC 15

[1] Corruption is a significant obstacle to international development. It undermines confidence in public institutions, diverts funds from those who are in great need of financial support, and violates business integrity. Corruption often transcends borders. In order to tackle this global problem, worldwide cooperation is needed. When international financial organizations, such as the appellant World Bank Group, share information gathered from informants across the world with the law enforcement agencies of member states, they help achieve what neither could do on their own. As this Court recently affirmed, “[i]nternational organizations are active and necessary actors on the international stage”: Amaratunga v. Northwest Atlantic Fisheries Organization, 2013 SCC 66 (CanLII), [2013] 3 S.C.R. 866, at para. 1.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Hôpital Maisonneuve-Rosemont c. Buesco Construction inc., 2016 QCCA 739

[171] L’obligation de renseignement n’est autre chose que le prolongement de l’obligation d’agir de bonne foi, c’est-à-dire d’adopter en toute circonstance une conduite raisonnable dans le cadre de l’exécution du contrat. Elle vise à ne pas créer une situation inattendue équivalant à un piège dont la cause, si elle avait été connue en temps utile, aurait pu être évitée par le débiteur de l’obligation contractuelle. En somme, l’obligation de renseignement appréciée au diapason de l’obligation corrélative du devoir de s’informer ne vise qu’à maintenir un juste équilibre entre les prestataires des obligations prévues au contrat et peut, selon le cas, constituer un tempérament à la responsabilité générale de l’entrepreneur découlant de son obligation de résultat.

(Check for commentary on CanLII Connects)

* As of January 2014 we measure the total amount of time spent on the pages rather than simply the number of hits; as well, a case once mentioned won’t appear again for three months.