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. Arconti v. Smith, 2020 ONSC 2782 (CanLII)

[19] In my view, the simplest answer to this issue is, “It’s 2020”. We no longer record evidence using quill and ink. In fact, we apparently do not even teach children to use cursive writing in all schools anymore. We now have the technological ability to communicate remotely effectively. Using it is more efficient . . . [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. Association of Professional Engineers v. Rew, 2020 ONSC 2589 (CanLII)

[9] Third, Mr Schwisberg argued that the dynamics of a live hearing may be lost in a video conference. He cited an article published in 2007, co-authored by Professor Sossin (as he then was), and recounted an anecdote respecting appellate advocacy in which the late Justice Catzman of the Court 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. R. v. J.R., 2020 ONSC 1938 (CanLII)

[21] The tertiary ground is conceptually distinct from the primary and secondary grounds. The latter relate to an assessment of the probability that the accused will behave in a certain way, that is, fail to attend court or commit further offences. The tertiary ground is not concerned with predictions about the accused’s behaviour but, . . . [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. A.B. v. Canada (Citizenship and Immigration), 2020 FC 461 (CanLII)

[30] Even at the lower end of the spectrum, procedural fairness generally requires that applicants be provided with the information on which a decision is based so they can present their version of the facts and correct any errors or misunderstandings. Procedural fairness does not, however, require that applicants be provided with . . . [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. Rajan, 2020 ONSC 2118 (CanLII)

[68] While the tertiary ground reasons for detention are based on a visceral reaction against release–a somewhat abstract notion premised on gauging the reasonable views of the public–the threat of COVID-19 in a jail setting is based on cold, hard scientific reality.

[69] The two must be counterbalanced against each other. The traditional grounds for . . . [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. Lifechoice Ltd. v Adams, 2019 CanLII 28274 (AB ESU)

[28] Like most commissioned salespeople, the Respondent’s income was dependent in whole or in part on her sales success. The fact an individual is paid commission does not remove him or her from the definition of “employee” under the Code. There must be some indicia of entrepreneurial activity on the part . . . [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. Ribeiro v Wright, 2020 ONSC 1829 (CanLII)

19 Most of our social, government and employment institutions are struggling to cope with COVID-19. That includes our court system. Despite extremely limited resources, we will always prioritize cases involving children. But parents and lawyers should be mindful of the practical limitations we are facing.

20 If a parent has a concern that COVID-19 . . . [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. Enviro Hazmat Emergency Response Inc. v Olson, 2018 ABPC 286

[4] Some motorists prefer to deal with the original manufacturer rather than buy aftermarket replacement parts. Part of the appeal with Ford parts, is that Ford guarantees their products. If an aftermarket product fails, the remedy is with the company who made the product, not Ford. Some of these aftermarket companies . . . [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. Wilcox v Alberta, 2020 ABCA 104 (CanLII)

[44] The foregoing suggests that there is an important difference between an initial placement in a given facility (often stemming from a security classification) and placing an inmate in solitary confinement within that facility. While the former might not implicate habeas corpus to the extent it forms part of the initial deprivation of liberty . . . [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. West Edmonton Mall Property Inc v Proctor, 2020 ABQB 161 (CanLII)

[116] The tweets and pronouncements of Donald Trump do not confer upon Ms. Proctor a license to defame anyone, even in her emulation of him. There is no legal paradox operating here. I assess Ms. Proctor’s conduct toward the Ghermezians and their organizations according to Alberta law. I do 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. Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74

[21] For reasons explained in detail below, the regulation of GHG emissions or any variation on this theme does not qualify for inclusion as a federal head of power under the national concern doctrine. Assigning this Act or a class of laws of this nature to Parliament would forever alter the constitutional . . . [more]