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. Marakah, 2017 SCC 59

[1] Can Canadians ever reasonably expect the text messages they send to remain private, even after the messages have reached their destination? Or is the state free, regardless of the circumstances, to access text messages from a recipient’s device without a warrant? The question in this appeal is whether the guarantee against unreasonable search and . . . [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. Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (ON SCSM)

[2] The plaintiff was filmed jogging on a walking trail located next to a small river in Westboro sometime in the summer or fall of 2014. Following the editing process, the plaintiff appears in the Bridgeport publicity video for 2 seconds, on the right third of the screen. The left third . . . [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. Pohl v Midtal, 2017 ABQB 711

[1] When a parent gives an adult child a joint interest in real property during his or her lifetime, can that gift include an irrevocable right of survivorship that has the effect of preventing the parent from later severing the joint tenancy?

(Check for commentary on CanLII Connects)

2. Saugeen First Nation v Ontario . . . [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. CBRE Limited v 1223962 Alberta Ltd, 2017 ABPC 114

[10] The issue at trial related to the timing of the “triggering event” in which the commission would be payable. The plaintiff argued that the triggering event for the commission to be payable was either when the conditions were waived (August 4, 2014) or when the sale closed (August 28, 2014). Either . . . [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. Orphan Well Association v Grant Thornton Limited, 2017 ABCA 124

[12] When oil and gas wells are producing, they are very valuable assets. However, when they cease to be productive they quickly turn into significant liabilities. For public safety and environmental reasons, the Alberta Energy Regulator has specific “end-of-life” rules on how a spent well must be rendered environmentally safe by . . . [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. Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54

[1] The issue in this case is whether the British Columbia Minister of Forests, Lands and Natural Resource Operations (“Minister”) erred in approving a ski resort development, despite claims by the Ktunaxa that the development would breach their constitutional right to freedom of religion and to protection . . . [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. September Seventh Entertainment Limited v. The Feldman Agency, 2017 ONCA 815

[6] While sarcasm is best avoided in judgment writing, the trial judge’s comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidavit. The remark spoke to the merits of that argument and no reasonable person could interpret the comment as casting aspersions on . . . [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, 2017 ONCA 778

[103] Both the trial judge and the parties describe the expectation of privacy as an expectation that the teacher would not breach their relationship of trust by surreptitiously recording them without their consent. I agree with the respondent that this articulation conflates the two concepts of privacy and surreptitious recording, which are two separate requirements . . . [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. Zheng v Your New Car Calgary Inc, 2015 ABQB 121

[17] The Plaintiff refers to Bhasin v. Hrynew, 2014 SCC 71 (CanLII), 2014 Carswell Alta 2046 (S.C.C.), Spartek Systems Inc. v. Brown, 2014 Carswell Alta 1496, (Q.B.), and Tirecraft ( supra). Bhasin deals with the duty of good faith in contractual dealings. The latter two cases provide some guidelines . . . [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. Lloyd, 2016 SCC 13

[1] Parliament has the power to proscribe conduct as criminal and determine the punishment for it, and judges have the duty to apply the laws Parliament adopts on punishment to offenders. But individuals are also entitled to receive, and judges have a duty to impose, sentences that are constitutional having regard to the circumstances of . . . [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. Szczerbaniwicz, [2010] 1 SCR 455, 2010 SCC 15

[2] As in most trials involving domestic disputes, the spouses in this case offered differing versions of the same event. After hearing and watching both of them, the trial judge reached his own conclusions about what actually happened and convicted the husband of assault. Those conclusions were based on the facts . . . [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. Fearon, 2014 SCC 77

[1] The police have a common law power to search incident to a lawful arrest. Does this power permit the search of cell phones and similar devices found on the suspect? That is the main question raised by this appeal.

[2] Canadian courts have so far not provided a consistent answer. At least four approaches . . . [more]