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. Ahluwalia v. Ahluwalia, 2022 ONSC 1303

[52] To define the modes of liability underlying the new tort of family violence, the proper starting point is the definition of “family violence” found in s. 2 of the Divorce Act. Based on this statutory definition, to establish liability on a civil standard, the plaintiff must establish:

Conduct by a family member towards the plaintiff, within the context of a family relationship, that:

1. is violent or threatening, or

2. constitutes a pattern of coercive and controlling behaviour, or

3. causes the plaintiff to fear for their own safety or that of another person.

(Check for commentary on CanLII Connects)

2. Preyra, Re, 2003 CanLII 48959 (ON LST)

73. No definition exists in the Act as to what constitutes “fresh evidence” or a “material change in circumstances”. Traditionally, fresh evidence refers to new evidence not ascertainable before the conclusion of a trial with due diligence, provided that it is relevant, credible and bears on a decisive or potentially decisive issue. In addition, it must, if believed, reasonably be expected to affect the result.[33] A material change in circumstances has been held to mean “a change, such that, if known at the time, would likely have resulted in different terms in the original order”.[34]

(Check for commentary on CanLII Connects)

3. Terrigno v Fox, 2022 ABQB 199 

[12] Failure to produce an affidavit of records (and in my view that means an accurate affidavit of records) is grounds for striking Mr. Terrigno’s statement of claim in this Action pursuant to rule 3.68(4)(b)(i).

[13] I do not suggest that striking an action is an appropriate sanction where an inaccurate affidavit of records is produced through accident, inattention, neglect, lack of due diligence etc. This happens all the time. Filing supplemental affidavits of records, to include records that could have been referenced in the initial affidavit of records, is commonplace.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Pharmaciens (Ordre professionnel des) c. Haggaï, 2022 QCCDPHA 4

[92] Sous les chefs 4, 5, 6, 8, 9, 10 et 11, le Conseil constate que les infractions reprochées sont de même nature et prennent appui sur la même disposition de rattachement, soit l’article 47 1o du Code de déontologie des pharmaciens.

[93] Comme la Cour suprême l’a rappelé dans Prince[17], il doit exister un lien factuel entre les infractions reprochées. Cela signifie que le même comportement aurait pu être reproché en vertu de l’une ou l’autre des infractions. Il doit ensuite exister un lien juridique suffisant entre les dispositions légales.

(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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