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. Polgampalage v Devani, 2021 ONSC 1157 (CanLII)

[41] The pandemic has been a difficult time for everyone. I have special empathy for students and young lawyers who may be deprived of close contact with mentors and senior peers to assist with their training. Partners, employers, and mentors may not even realize how much their juniors are suffering from the lack of ready . . . [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. Bhasin v. Hrynew, 2014 SCC 71 (CanLII), [2014] 3 SCR 494

[1] The key issues on this appeal come down to two straightforward questions: Does Canadian common law impose a duty on parties to perform their contractual obligations honestly? And, if so, did either of the respondents breach that duty? I would answer both questions in the affirmative. Finding that there . . . [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. Le, 2019 SCC 34 (CanLII)

[160] In view of our application of the three Grant lines of inquiry to the facts of this appeal, and with great respect to the courts below, we do not find this to be a close call. The police crossed a bright line when, without permission or reasonable grounds, they entered into a private . . . [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. Kaushal v. Vasudeva et al., 2021 ONSC 440 (CanLII)

[54] The risk of mischief on a virtual examination is an area which has yet to be fully explored, although the possibility has been adverted to. Myers, J. in Arconti et al. v. Smith et al, 2020 ONSC 2782, did not disallow the use of a virtual examination just because of . . . [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. Armstrong v. Royal Victoria Hospital, 2019 ONCA 963 (CanLII)

[87] In any case where standard of care is at issue, the court must determine what is reasonably required to be done (or avoided) by the defendant in order to meet the standard of care: Berger v. Willowdale A.M.C. (1983), 1983 CanLII 1820 (ON CA), 41 O.R. (2d) 89 (C.A.), at p. . . . [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. Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (CA LA)

While violating an employer policy may be grounds for discipline, expressing disagreement with a policy is not. I fail to see any basis for discipline in this message, and I agree with the union that if employees could lose their jobs for privately criticizing their bosses – even if . . . [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. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65

[1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.

[2] In these reasons, we will address two key aspects of the current administrative law . . . [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. C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (CanLII)

[197] The requirement that parties not lie is straightforward. But what kind of conduct is covered by the requirement that they not otherwise knowingly mislead each other? Absent a duty to disclose, it is far from obvious when exactly one’s silence will “knowingly mislead” the other contracting party. Are we to draw . . . [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. Miller v Edmonton (City), 2020 ABQB 784 (CanLII)

[23] One point where I disagree with Edmonton is that this is an instance where Mackin v New Brunswick (Minister of Finance) would apply, and that allegations that a law is unconstitutional cannot ground a claim for damages. When conducting procedure pursuant to r 3.68, pleadings are presumed to be factually correct ( . . . [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. Canadian Appliance Source LP v. Ontario, 2020 ONSC 7492 (CanLII)

[27] However, I have little understanding of the public interest assessment behind the Covid-19 regulatory regime. Everyone sees the apparent unfairness of small stores closing while big box stores remain open. Are there issues about trying to change the public’s habits during the shutdown? That is, are stores shut down not . . . [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. Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69 (CanLII), [2000] 2 SCR 1120

71 The appellants say a regulatory structure that is open to the level of maladministration described in the trial judgment is unconstitutionally underprotective of their constitutional rights and should be struck down in its entirety. In effect they argue that Parliament was . . . [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. Anglin v Resler, 2020 ABCA 184 (CanLII)

[16] Vicarious liability is not a distinct tort but “a theory that holds one person responsible for the misconduct of another because of the relationship between them”: 671122 Ontario v Sagaz Industries Canada, 2001 SCC 59, para 25, [2001] 2 SCR 983. The Supreme Court in Bazley v Curry, 1999 CanLII 692 (SCC), . . . [more]