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. Theralase Technologies Inc. v. Lanter, 2020 ONSC 205 (CanLII)

[2] This motion raises the issue of whether the court has jurisdiction to grant judgment against unidentified defendants for defamatory statements published on the internet. For the reasons that follow, I find that where a form of service can reasonably be expected to bring court proceedings to the attention of an unidentified . . . [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. Nikirk, 2020 BCPC 10 (CanLII)

[1] It must be remembered that accidents happen, sometimes accidents with catastrophic consequences solely as a result of negligence and not as a result of criminal behaviour. Neither the consequences of the accident, nor the severity of the injuries caused by that accident, define the criminal responsibility of the driver of the vehicle at . . . [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. Petrolo, 2020 ONCJ 36 (CanLII)

[41] With respect to mens rea, this is a specific intent offence. The prosecution must prove beyond a reasonable doubt that the accused did in fact intend to act in a way tending to obstruct, pervert or defeat the course of justice. A simple error of judgment will not be enough. An accused who . . . [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. Tremear v. Park Town Motor Hotels Ltd., 1982 CanLII 2683 (SK QB)

[19] To constitute a defence, there must have been an express or implied understanding between the parties whereby the plaintiff gave up her right of action for negligence. The evidence here does not support any such understanding or agreement. There is nothing to warrant a finding that the plaintiff . . . [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. UAlberta Pro-Life v Governors of the University of Alberta, 2020 ABCA 1 (CanLII)

[147] The reference to the Alberta Human Rights Act is interesting. It is not entirely obvious why that enactment’s existence should speak against recognizing a s 32 Charter application to freedom of expression exercised by students on a University campus. The rights and protections of that Act are . . . [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. Mundinger v. Ashton, 2019 ONSC 7161

[67] The Medicine Act is foundational legislation with regard to the practice of medicine in Ontario. Anyone who wants to know what a physician is or is qualified to do would begin by looking at the Medicine Act. If the legislature intended to depart from the definition of physician in that Act, one would . . . [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. College of Physicians & Surgeons of Alberta v. Collett, 2019 ABCA 461

[141] Section 118(4) allows the complaints director who has lawfully exercised the authority under section 118(1) to direct the regulated member to cease practicing medicine until the complaints director receives the results of the examinations ordered under section 118(1).

[142] The complaints director’s exercise of his or her authority . . . [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. Stewart v. Elk Valley Coal Corp., 2017 SCC 30

[42] Where, as here, a tribunal concludes that the cause of the termination was the breach of a workplace policy or some other conduct attracting discipline, the mere existence of addiction does not establish prima facie discrimination. If an employee fails to comply with a workplace policy for a reason related 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. 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. Threlfall v. Carleton University, 2019 SCC 50

[49] When, in other parts of the absence regime, the C.C.Q. intends that reality be ignored, this is stated expressly. In particular, the declaratory judgment of death mechanism clearly illustrates when a legal fiction will triumph over the true state of affairs. Indeed, the presumption of life and the declaratory judgment of death . . . [more]