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. McGoey (Re), 2019 ONSC 80

[25] Mr. Phinney has definitively identified the typeface used in the Ledge Lodge document, dated January 4, 1995, as set in a font called Cambria. As of January 4, 1995, however, the Cambria typeface had not yet been created. It was designed for Microsoft beginning in 2002 and did not reach the general public until January 2007 when Microsoft released Windows Vista and Office 2007. Because Cambria typeface did not exist on January 4, 1995, the document set in the typeface Cambria, allegedly dated January 4, 1995, could not have been created or signed on that date.

[26] Similarly, the typeface used in the Humber Station document has been definitively identified as set in a font called Calibri. Like Cambria, Calibri is part of Microsoft’s ClearType Font Collection, which was developed in 2002 but did not reach the general public until 2007.

(Check for commentary on CanLII Connects)

2. The Guarantee Company of Canada v. Royal Bank of Canada, 2019 ONCA 9

[55] In my opinion, these cases do not support RBC’s contention that provincial legislation cannot supply the three certainties of a trust, including certainty of intention. None of those cases involved a statutory trust conferring a trust interest in specific property related to a valid scheme under provincial legislation. Nor did those cases involve a deemed statutory trust in favour of private parties. In each case, the effect of the provincial statute was to give the province or a provincial agency a general charge and priority over all of the property of the bankrupt. That created an operational conflict with the BIA scheme of priorities and, under the doctrine of paramountcy, the provincial law was inoperative.

(Check for commentary on CanLII Connects)

3. Frank v. Canada (Attorney General), 2019 SCC 1

[1] Voting is a fundamental political right, and the right to vote is a core tenet of our democracy. Its primacy is entrenched in s. 3 of the Canadian Charter of Rights and Freedoms, which states: “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.” Any limit on the right to vote must be carefully scrutinized and cannot be tolerated without a compelling justification.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Ville de Saint-Sauveur c. Bibeau, 2019 QCCS 44

[1] Le cœur de ce litige consiste à déterminer s’il y a lieu d’ordonner la démolition de la résidence du défendeur, Étienne Bibeau, construite sans qu’un permis de construction ne soit délivré par la demanderesse, Ville de Saint-Sauveur (« la Ville »).
[2] L’octroi du permis est assujetti à l’approbation par la Ville d’un plan d’implan­tation et d’intégration architecturale qui doit fournir des données précises sur l’em­placement du bâtiment, étant donné que celui-ci ne peut être érigé sur un plateau de construction dont la pente naturelle moyenne est de 25 % ou plus, par rapport au chemin d’accès et à l’élévation.

(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.

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