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. Fraser v. Canada (Attorney General), 2020 SCC 28 (CanLII)

[1] In 1970, the Royal Commission on the Status of Women in Canada set out a galvanic blueprint for redressing the legal, economic, social and political barriers to full and fair participation faced by Canadian women for generations. Many of the inequities it identified have been spectacularly reversed, and the result has . . . [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. Toronto Transit Commission v Amalgamated Transit Union, Local 113, 2020 CanLII 71739 (ON LA)

Most importantly, the facts do not disclose condonation. Aside from the point made in the case law that criminal and near-criminal acts cannot be used to support a condonation defence (see, for example, the Stelco (Shime) decision, cited above, where the arbitrator says this would amount to collusion . . . [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. Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 (CanLII)

[194] In our opinion, a robust case management system is the protocol that has the greatest potential to generate resolutions at the earliest possible stage of the litigation spectrum and at the lowest possible cost.[262] We are familiar with other jurisdictions that have authorized courts to compel litigants to . . . [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. Doering, 2020 ONSC 5618 (CanLII)

[48] The value of human life and the corresponding right of citizens to protection from harm, are entitlements attaching to all citizens, including those who suffer personal challenges, such as drug addiction. I acknowledge, as I did in my reasons for judgment, that police often face unpredictable and dangerous situations. They must be empowered . . . [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. Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457 (CanLII)

[34] The Landlord’s counsel takes some umbrage at the allegation of racism against his clients, and submits that there is nothing in the record to establish that the Landlord or Manager were racially motivated. Motivation, however, is not the point here. Identifying a family-run restaurant as not family-friendly, and impugning a . . . [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. Climans v. Latner, 2020 ONCA 554 (CanLII)

[71] As I explain on the first issue, the trial judge found that the parties were spouses within the meaning of s. 29 of the FLA because they “cohabited” for a period of not less than three years. To determine whether the parties had cohabited, the trial judge applied s. 1(1) of the FLA . . . [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. Roth, 2020 BCCA 240 (CanLII)

[142] Failing to conduct a critical assessment of testimonial weaknesses that could undermine the Crown’s evidentiary foundation on an essential element of the offence can be indicative of uneven scrutiny: Mehari at para. 34; Willis at para. 44. In my view, that is what happened here. There were significant inconsistencies and contradictions involving 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. AVI v MHVB, 2020 ABQB 489 (CanLII)

[2] Pseudolaw is typically employed by conspiratorial, fringe, criminal, and dissident minorities who claim pseudolaw replaces or displaces conventional law. These groups attempt to gain advantage, authority, and other benefits via this false law. In Meads v Meads, 2012 ABQB 571 [Meads], Associate Chief Justice Rooke reviewed many forms of and . . . [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. Marchi v. Nelson (City of), 2020 BCCA 1 (CanLII)

[20] Certain of the impugned decisions of the street clearing crew may properly have been characterized as operational in nature. Arguably, the decision not to further extend the hours of snow clearing and the decision not to move snow into particular parking spots, leaving access to the sidewalk open in other areas . . . [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. Pellegrin v. Wheeldon, 2020 BCPC 143 (CanLII)

[105] I now consider punitive damages. As stated in the Huff case, punitive damages are meant to punish the defendant, and set an example for others who might consider undertaking similar conduct. The law in British Columbia is clear: self-help remedies for a trespass or nuisance do not extend to destroying another person’s property, particularly . . . [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. Douez v. Facebook, Inc., 2018 BCCA 186 (CanLII)

[1] This is an appeal from an order of the Supreme Court of British Columbia certifying a claim as a class proceeding. The claim arises out of a practice undertaken by Facebook, under which advertisements displayed to a Facebook member’s “friends” could include a statement that the member “liked” the advertised product, service, or . . . [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. Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII)

[33] However, Professor McCamus adds that sometimes, even with a signed agreement, inadequate notice of a particularly unfair term may render that term unenforceable, at p. 194:

In many contractual settings, it will not be expected that a signing party will take time to read the agreement. Even if the document is read, . . . [more]