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. Platnick v. Bent, 2018 ONCA 687

[110] Without diminishing the public interest in protecting comments made to promote the effective administration of justice, I am satisfied that the potential harm to Dr. Platnick outweighs the public interest in protecting Ms. Bent’s expression. Dr. Platnick’s allegation, if eventually made out, is a very serious one, both in terms of the financial harm caused and the damage to his reputation. For the reasons set out above, he has cleared the “merits” hurdle in s. 137.1(4)(a). The public interest requires that he be allowed to pursue his claim in the normal course.

(Check for commentary on CanLII Connects)

2. Smith v. Muir, 2019 ONSC 2431

[29] In my view, the letter which accompanied the summons to the doctors inappropriately seeks production of medical practitioners’ files directly from the treating doctors of the plaintiff without her consent and/or the consent of her counsel. On a plain reading, it is a demand of the doctor to produce the documents in advance of trial. It invites the unwitting health practitioner to breach his or her duty of confidentiality and the privacy of the patient, which is the very risk that Ferguson J. noted and guarded against in his decision in Burgess.

(Check for commentary on CanLII Connects)

3. Kawartha-Haliburton Children’s Aid Society v. M.W., 2019 ONCA 316

[61] The Divisional Court failed to make the necessary finding that the children in this case are First Nations, Metis or Inuit. Instead, in a footnote to para. 7 of its reasons, the court included in the “biographical details” an erroneous statement that “the changes to the Indian Act (Canada) or the proclamation of the new Child, Youth and Family Services Act” had no bearing on the case. It was submitted that this was essentially a finding that the children were “non-status Indians”. By stating that their status did not have “any bearing” on the case, it failed to address one of the main purposes of the Act. That is, in perhaps the most obvious possible way, the court failed to address the significance of these children’s connection to their Indigenous culture, community and heritage.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Pharmaciens (Ordre professionnel des) c. Rezaei, 2019 CanLII 28669 (QC CDOPQ)

[45] La pharmacie étant un domaine spécialisé, il est essentiel que le patient puisse avoir confiance que le pharmacien s’assure que sa prescription est exécutée correctement et qu’il puisse se fier à lui.

[46] L’infraction commise par l’intimé se situe au cœur même de l’exercice de la profession. Sa conduite porte atteinte à l’image de la profession et à la confiance du public. L’infraction est objectivement grave et met en cause la protection du public.

(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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