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]

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. Daniel v. Miller, Canfield, Paddock and Stone, LLP, 2017 ONCA 697

[1] The appellant’s core submission is that in finding that she was a partner in the respondent law firm, rather than an employee, the trial judge gave insufficient consideration to the fact that her work was controlled by the partner whose clients she served and that she was dependent on 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. Vaillancourt v Carter, 2017 ABCA 282

[26] It is apparent on the evidence before me that Mr. Carter has gone to elaborate lengths to shield his investments and arrange his affairs to appear as though he does not have the financial means to satisfy the judgment against him or to comply with a security for judgment order. A holding company, aptly . . . [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. 1985 Sawridge Trust v Alberta (Public Trustee), 2017 ABQB 530

[121] I reject that ‘litigating from one’s heart’ is any defence to a potential costs award vs a lawyer, or for that matter from any other sanction potentially faced by a lawyer. Lawyers are not actors, orators, or musicians, whose task is to convey and elicit emotions. They are highly trained . . . [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. Nyznik, 2017 ONSC 4392

[195] The Crown has failed to discharge its onus of proving beyond a reasonable doubt that the complainant did not consent to the sexual acts she described. That does not mean that I necessarily believe the testimony of Mr. Nyznik that she freely and specifically consented to each and every act that occurred. It also . . . [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. Moore v. Sweet, 2017 ONCA 182

[104] Most of the authorities in which courts have been willing to override a beneficiary designation can be explained on the basis of an agreement between one of the claimants and the insured that removed the insured’s ability to designate a later beneficiary.[6] As noted earlier, Shannon involved a separation agreement in which the insured . . . [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. Engel v Edmonton Police Association, 2017 ABQB 495

[87] I agree that given Mr. Engel’s profession, the statements in the Article are particularly injurious. The Article explicitly refers to incompetence, frivolous and vexatious conduct which implicitly suggests dishonest motives and overall suggests professional impropriety. Combined, when considering the lengthy and public career of the plaintiff, are all damaging to his reputation . . . [more]