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]

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 22225 (ON LA)

Turning to the Wigmore criteria, my conclusion is that the TTC has not met its onus of establishing that these documents should be considered privileged on a case-by-case basis. As noted above, all four criteria must apply for the privilege to attach on a case-by-case basis. As . . . [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. Hall v Stewart, 2019 ABCA 98

[19] The competing policy objectives of tort law and corporate law must be reconciled in context. One important factor is the ready availability of insurance for property damage and personal injury. One obvious source of personal injury insurance is the workers’ compensation system itself. However, even if a corporation does not elect to purchase director’s . . . [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. Lam, 2019 BCPC 29

[108] Since I have found that Mr. Myers failed to provide reasonable assistance to Mr. Lam in the conduct of his defence, I must go on to determine whether it would be a miscarriage of justice to allow Mr. Lam’s guilty plea to stand. Not every act of incompetence by a lawyer leads to a . . . [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. Bowman v. Martineau, 2019 ONSC 1468

[213] I reject the diminution in value approach for the following reasons. This approach fails to take into account the purpose of damages in a tort claim – to ensure that “the damages awarded to a plaintiff should put him or her in the same position as they would have been in had they not sustained . . . [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. Plange, 2018 ONSC 1657

[38] In my view, to sentence this offender, one without any prior criminal antecedents, to a penitentiary term would shock the conscience of the community. Not all lies are cast from the same mold and of the same gravity. Further such falsehoods may catch a more than insubstantial number of otherwise law abiding people. It . . . [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. Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125

[18] It does not follow from the fact that this is the same conduct which the trial judge referred to in making the aggravated damages award that an award of punitive damages amounted to either double recovery or double punishment. That is because aggravated damages aim to compensate a plaintiff for heightened . . . [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. Jarvis, 2019 SCC 10

[5] In my view, circumstances that give rise to a reasonable expectation of privacy for the purposes of s. 162(1) of the Criminal Code are circumstances in which a person would reasonably expect not to be the subject of the type of observation or recording that in fact occurred. To determine whether a person had . . . [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. Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49

[30] Addressing the “standard of proof” is not therefore a stand-alone test for whether summary judgment is possible or appropriate. Proving the factual basis of the application on a balance of probabilities is not in itself sufficient for summary adjudication, but merely one of the steps in determining if there . . . [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. Milne Estate (Re), 2019 ONSC 579

[22] Because a testator often executes their Last Will and Testament several years in advance of death, it is often not practical to provide a definitive list of assets which will require or do not require a Certificate of Appointment to be transferred or realized at the time the Primary and Secondary Wills are executed. . . . [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. Dentons Canada LLP v. Trisura Guarantee Insurance Company, 2018 ONSC 7311

[5] The dispute arises from an insurance claim submitted by the applicant, Dentons, to Trisura on April 10, 2017. The insurance claim arises out of an alleged social engineering fraud, in which Dentons asserts that one of its lawyers was duped into transferring over $2.5 million in funds belonging 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. McGoey (Re), 2019 ONSC 80

[25] Mr. Phinney has definitively identified the typeface used in the Ledge Lodge document, dated January 4, 1995, as set in a font called Cambria. As of January 4, 1995, however, the Cambria typeface had not yet been created. It was designed for Microsoft beginning in 2002 and did not reach the general public until January . . . [more]