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]

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. Patry v Kingston (City), 2019 CanLII 11788 (ON LPAT)

[72] Counsel for the Appellant has submitted that because her client filed the appeal in her absence without the benefit of legal advice, he should be granted latitude to gain “access to justice”, and ensure that a legitimate appeal and access to the system is not barred as a result of failing . . . [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. Gichuru v. Vancouver Swing Society (No. 3), 2020 BCHRT 1 (CanLII)

[242] The Tribunal has rarely had to consider the issue of vexatious litigants in the context of its own decisions, and the VSS was unable to identify any decisions in which an award was made against a party to a complaint on the basis of a pattern of vexatious litigation.

[243] . . . [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. 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]