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. Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679

[20] It is not possible to simply void the part of a termination clause that offends the ESA. If a termination clause purports to contract out of an employment standard without clearly substituting a greater benefit in its place, the entire termination clause is void: North v. Metaswitch Networks Corporation . . . [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 Lewis, 2019 ABCA 311

[8] There is a unique wrinkle in this case which rather diminishes its deployment as a case precedent in the future. At trial, Crown counsel conceded that a breach of the appellant’s s 8 Charter right had occurred during the investigation of this case. This concession seemed intended to be an admission of both fact . . . [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. Pollard Windows Inc. v 1736106 Ontario Inc., 2019 ONSC 4859

[51] In my view, having admitted liability formally, including admitting the facts on which liability was based, it is not open to 1746878 Ontario Inc. to withdraw its admission before this court without leave to now argue that the judge erred in finding it liable for contempt. Mr. Hutton argued that . . . [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. Hilson v. 1336365 Alberta Ltd., 2019 ONCA 65

[1] On May 27, 2019, the court released a judgment in this appeal in error. One of the members of the panel that heard the appeal, Justice Huscroft, was not provided with either the draft judgment for review or the final judgment for signature. The judgment was signed, in error, by another justice . . . [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. Smith v Obuck, 2019 ABQB 593

[351] The Plaintiff’s misrepresentations made to get on CWD cast a shadow on his credibility. Had there not been the other corroborating evidence to support the Plaintiff’s evidence of ongoing back pain since the Accident, the outcome may have been different. However, when the evidence as a whole is considered, I am satisfied that 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. Yashcheshen v University of Saskatchewan, 2019 SKCA 67

[21] Accordingly, in order to determine if the Charter applies to the College’s LSAT policy, it is necessary to begin by asking whether the University is “government” by virtue of its nature. The answer to that question is clear. Numerous cases have found that universities are not “government” in this sense. See, most . . . [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. Luke, 2019 ONCJ 514

[54] Parliament has already allowed for exemptions to the mandatory minimum sentences in s. 255. By virtue of s. 255(5), Parliament has accepted that there will be cases where judges can, and should, exercise discretion to relieve an offender from the consequences of a mandatory minimum sentence by granting them a conditional discharge. Regrettably, according . . . [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. St. Marthe v. O’Connor, 2019 ONSC 4279

[24] The defendant described the case as a “straightforward personal injury matter”. On the face of it, that is true; there was nothing exceptional in respect of liability or damages. But that tells only half the story. This was hard-fought litigation on both sides and that almost invariably results in the expenditure of time . . . [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. Blake v. Blake, 2019 ONSC 4062

[32] As to counsel’s obligation to inform the court as to relevant authorities, two principles emerge: (1) where lawyer knows of a relevant authority, the failure of the lawyer to inform the court of that authority could be seen as an attempt to mislead the court; (2) where a lawyer does not know about authority, ignorance . . . [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, 2019 CanLII 58978 (ON LA)

72. Turning to the current language at issue. In my opinion, the most reasonable construction of the critical sentence would permit the TTC to stop using the SBA as a means of delivering sick leave benefits to employees but not demand that it first obtain the necessary . . . [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. Shuttleworth v. Ontario (Safety, Licensing Appeals and Standards Tribunals), 2019 ONCA 518

[15] The Divisional Court accepted that an adjudicator’s discussion of a draft decision with colleagues does not in and of itself breach the rules of natural justice. It relied on Khan v. College of Physicians & Surgeons of Ontario (1992), 1992 CanLII 2784 (ON CA), 9 O.R. (3d) 641 . . . [more]