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. R. v. Craig, 2009 SCC 23, [2009] 1 SCR 762

[1] Abella J. — The issue in this appeal is how to apply the forfeiture provisions for offence-related real property under ss. 16(1) and 19.1(3) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.* Two interpretive approaches are possible. Neither is free from difficulty, but one is, it seems to me, generally fairer than the other.
(Check for commentary on CanLII Connects)

2. R. v. Anthony-Cook, 2015 BCCA 22

[27] From a procedural perspective, the judge alerted the appellant and both counsel to the possibility he would not accept the joint submission. He stated that he “might entertain an application to change the plea and continue the trial”. The appellant did not make such an application. Counsel were given the opportunity to make further submissions on the sentence. It is clear that the judge gave careful consideration to the fitness of the sentence. He gave detailed reasons as to why he had rejected the joint submission.
(Check for commentary on CanLII Connects)

3. Chevron Corp. v. Yaiguaje, 2015 SCC 42

[1] In a world in which businesses, assets, and people cross borders with ease, courts are increasingly called upon to recognize and enforce judgments from other jurisdictions. Sometimes, successful recognition and enforcement in another forum is the only means by which a foreign judgment creditor can obtain its due. Normally, a judgment creditor will choose to commence recognition and enforcement proceedings in a forum where the judgment debtor has assets. In this case, however, the Court is asked to determine whether the Ontario courts have jurisdiction to recognize and enforce an Ecuadorian judgment where the foreign judgment debtor, Chevron Corporation (“Chevron”), claims to have no connection with the province, whether through assets or otherwise. The Court is also asked to determine whether the Ontario courts have jurisdiction over a Canadian subsidiary of Chevron, Chevron Canada Limited (“Chevron Canada”), a stranger to the foreign judgment for which recognition and enforcement is being sought.
(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Lizotte c. Aviva, compagnie d’assurances du Canada, 2015 QCCA 152

[15] Dans ce contexte, les faits pertinents au débat sont admis à l’audience, notamment celui voulant que les documents dont la communication a été refusée sont effectivement visés par le privilège relatif au litige ou par le secret professionnel (privilège avocat-client), soit que, sous réserve de leur opposabilité à l’appelante, le privilège relatif au litige et le secret professionnel ont été valablement revendiqués.
(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.