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. Matchee, 2019 ABCA 251

[31] One way of understanding s 718.2(e) and Gladue is as a partial remedy for the systemic discrimination suffered by aboriginal people which has led to their overrepresentation in the criminal justice system. The remedy requires sentencing judges to recognize these systemic factors and that they can play a part in offending behaviour. The sentencing judge . . . [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. Theberge-Lindsay v. 3395022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469

[11] We agree with the appellant’s submissions that Ms. Theberge-Lindsay’s unequivocal resignation and re-hiring in 2005 marked a break in the employment relationship after which an entirely new contract was reached between her and Dr. Kutcher. There was consideration for that new employment contract, that is, Ms. Theberge-Lindsay’s offer . . . [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. Jacobs v. McElhanney Land Surveys Ltd., 2019 ABCA 220

[86] To determine whether there is a significant advance – important or notable progress – a court must assess at the start and end points of the applicable period the degree to which the factual and legal issues dividing the parties have been identified and the progress made in ascertaining the relevant . . . [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. Le, 2019 SCC 34

[160] In view of our application of the three Grant lines of inquiry to the facts of this appeal, and with great respect to the courts below, we do not find this to be a close call. The police crossed a bright line when, without permission or reasonable grounds, they entered into a private backyard . . . [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. Barton, 2019 SCC 33

[1] We live in a time where myths, stereotypes, and sexual violence against women[1] — particularly Indigenous women and sex workers — are tragically common. Our society has yet to come to grips with just how deep-rooted these issues truly are and just how devastating their consequences can be. Without a doubt, eliminating myths, stereotypes, . . . [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. Tocco v. Bell Mobility Inc., 2019 ONSC 2916

[28] The causes of action premised on allegations of breach of consumer protection legislation centre on two types of breaches: unfair practices/misrepresentations and unsolicited services. These claims are focused on the alleged representations by the Defendant, and ask specifically whether they are false, misleading or deceptive in a material sense.

[29] The Plaintiffs . . . [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, 2019 SKCA 40

[66] There is little legal merit in Saskatchewan’s specific concern about Parliament conditioning the application of a federal law on whether a province has chosen to exercise its own jurisdiction. This is because of a very simple point. Parliament can only act within its own sphere of legislative authority. Thus, if . . . [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. Unrau v National Dental Examining Board, 2019 ABQB 283

[751] Ultimately, the judge must identify a basis for why the abusive litigant is plausibly expected to engage in litigation misconduct that spills outside of the current dispute. If there is no such expectation, then a vexatious litigant order gatekeeping step is neither necessary, nor appropriate. The abusive litigant can instead be . . . [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. Platnick v. Bent, 2018 ONCA 687

[110] Without diminishing the public interest in protecting comments made to promote the effective administration of justice, I am satisfied that the potential harm to Dr. Platnick outweighs the public interest in protecting Ms. Bent’s expression. Dr. Platnick’s allegation, if eventually made out, is a very serious one, both in terms of the financial harm . . . [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. Davies v. The Corporation of the Municipality of Clarington, 2019 ONSC 2292

[1] If there was ever any case that demonstrates how expensive it is to litigate in the 21st Century, this case is the gold standard. Few in this country could afford to litigate a case where the costs sought by Mr. Zuber total close to $7,000,000, and the costs . . . [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. Grzelak, 2019 BCPC 65

[3] The Defendant was alone in his black Mercedes, coming from work after a long day. He was driving North bound on 152 Street in Surrey BC.

[4] His Apple iPhone was in the centre cubby hole in the dashboard, at the front end of the console. The wire for his ear buds were plugged . . . [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. Cook v. Harvey Kalles Real Estate Ltd., 2019 ONSC 2108

[53] My determination that Ms. Cook is entitled to the Balance should not be taken as condoning Ms. Cook’s conduct in this matter. Real estate salespersons owe a fiduciary duty to their clients. They are required to follow a Code of Ethics that includes acting with honesty and integrity and in . . . [more]