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. Ojanen v. Acumen Law Corporation, 2021 BCCA 189 (CanLII)

[57] Historically, damages in a wrongful dismissal action were limited to the loss suffered as a result of the employer’s failure to give proper notice: Addis v. Gramophone Co., [1909] A.C. 488 (H.L.). As this Court explained in Marchen v. Dams Ford Lincoln Sales Ltd., 2010 BCCA 29 at paras. . . . [more]

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. Hamza v. Law Society of Ontario et al, 2021 ONSC 2023 (CanLII)

[27] The Notice of Application, affidavit and Factum filed by the applicant together amount to over 1,000 pages of rambling, pseudo-intellectual attacks on the LSO and the other respondents, expressions of his opinion on their character and integrity, racist and misogynist attacks on the respondents and the judiciary, arguments . . . [more]

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. Prowse et al. v. Noroozi, 2021 ONSC 3099 (CanLII)

[52] There is no genuine issue that the Plaintiffs are entitled to claim the foregone interest on the VTB. While not an out of pocket expense per se, it would be a recoverable loss to the Plaintiffs in the form of expectation damages. However, I would infer that the purpose of the . . . [more]

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. Desautel, 2021 SCC 17 (CanLII)

[18] Section 35(1) of the Constitution Act, 1982, says:

The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

Les droits existants — ancestraux ou issus de traités — des peuples autochtones du Canada sont reconnus et confirmés.

It is clear from the text of s. . . . [more]

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. Ghotra, 2020 ONCA 373 (CanLII)

[23] The case law, however, has specified a narrow conception of “providing an opportunity,” with the analysis often focusing on whether the police or the accused took the initiative in the interaction and when: Bayat; R. v. Imoro, 2010 ONCA 122, 251 C.C.C. (3d) 131; R. v. Swan, 2009 BCCA 142, 244 . . . [more]

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. Merrill Lynch Canada Inc. v. Soost, 2010 ABCA 251 (CanLII)

[9] Under such contracts, the common terminology is sloppy, even misleading. We speak of “wrongful dismissal”, or damages for that. But there is no such thing there as wrongful dismissal (apart from federal legislation). Under such a contract, either side may validly end the contract at any time. The employee neither . . . [more]

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. Cybulsky v. Hamilton Health Sciences, 2021 HRTO 213 (CanLII)

[113] This Tribunal stated in Moore v. Ferro (Estate), 2019 HRTO 526 (“Moore”) at para. 183, that in certain circumstances, it is a violation of the right to be free from discrimination protected under Part I of the Code where a respondent fails to take appropriate steps to respond . . . [more]

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. Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (CanLII)

[1] In 2018, Parliament enacted the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186 (“GGPPA”). Three provinces challenged the constitutionality of the GGPPA by references to their respective courts of appeal. The question divided the courts. In split decisions, the courts of appeal for Saskatchewan . . . [more]

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. Zak v Zak, 2021 ABQB 80 (CanLII)

[20] It is trite law that the fact that a judge has found against a party does not constitute evidence of bias. Equally, the fact that a judge has made findings of fact that one party has behaved poorly does not constitute evidence of bias. Indeed, in cases of high-conflict family litigation such as . . . [more]

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 Stephan, 2021 ABCA 82 (CanLII)

[139] Expert witnesses must accept that their methodology and opinions may well be strongly challenged given the consequential role they play in the justice system. But in our pluralistic democracy, there is no place for weighing evidence, much less determining its admissibility, based on how someone speaks the language of the proceeding. It is . . . [more]

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. Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455 (CanLII)

[46] As I have noted, other courts have concluded, without evidence, that pregnancy creates difficulties for a person searching for employment. Justice Dambrot specifically found that he did not need evidence to reach that conclusion. This past judicial consideration supports the conclusion that it is open to me to take judicial notice . . . [more]

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. Robertson v Arthikharnu, 2015 ABPC 257 (CanLII)

[26] For her services a lawyer is entitled to charge a fair and reasonable fee which will depend upon and reflect many factors. Rule 613 of the Alberta Rules of Court, Alberta Regulation 390/68, lists six factors and the commentary under the Code of Conduct, s2.06(1), lists eleven factors. These factors include such . . . [more]