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. Gashikanyi, 2017 ABCA 194

[71] The presence of individual discretion in a system of assignment poses a risk that some may think that panelists will be selected based on their perceived predispositions.[1] An appellate court that utilizes discretionary non-random methods to assign (or to replace an assigned judge) leaves open the potential for manipulation. It is this potential 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. R. v. Cody, 2017 SCC 31

[1] In R. v. Jordan, 2016 SCC 27 (CanLII), [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system. This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the right of accused persons, guaranteed under s. 11(b) of 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. R v Blanchard, 2016 ABQB 706

[65] The first obvious lie told by Blanchard relates to his ability to walk. He led everyone to believe that he was incapable of walking at all and was confined to a wheelchair. Indeed, not one person who testified knew that he could walk. The police, Elizabeth Leenheer, his ex-wife (Barbara Roth) and her son . . . [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. Antic, 2017 SCC 27

[1] The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system. It entrenches the effect of the presumption of innocence at the pre-trial stage of the criminal trial process and safeguards the liberty of accused persons. This case requires the Court to clarify important . . . [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. Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402

[119] Since the employment income that Ms. Brake earned during her statutory entitlement period is not deductible from the damages award, the trial judge ought to have determined her statutory entitlement period and identified which items of employment income were attributable to that period and which were attributable to the Balance of 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. Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311

[60] I am therefore of the view, for all the foregoing reasons, that the legislative process, from its very inception where policy options are discussed and developed to the actual enactment of a bill following its adoption by both Houses and the granting of royal assent by the Governor . . . [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. Funk v Wawanesa Mutual Insurance Company, 2017 ABQB 308

[54] Given the intention of parties to this type of insurance coverage, which is to compensate the insured person injured as a result of an incident involving an unidentified automobile, it seems unreasonable to enforce a term of the contract that demands physical contact between the insured motor vehicle and the unidentified . . . [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 Hunt, 2016 NLCA 61

[32] In considering the integrity and repute of the justice system, particularly in light of the underlying principles discussed in Jordan, it is relevant to take account of the fact that a person under investigation, prior to a charge being laid, has no control over the process. He or she is at the mercy . . . [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. Soczek v Allstate Insurance Co., 2017 ONSC 2262

[2] The Defendant, Allstate Insurance Company of Canada (“Allstate”), brings a motion under Rule 20 of the Rules of Civil Procedure for summary judgment. It seeks to dismiss the Plaintiff’s claim for compensation for property damage incurred in a house fire. The Defendant submits that the claim falls with an exclusion clause 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. Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses, 2016 ABCA 255

[22] Accordingly, a court has jurisdiction to review the decision of a religious organization when a breach of the rules of natural justice is alleged. The respondent’s application raises numerous complaints regarding the process used by the appellants. He contends that he was not provided with particulars . . . [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. Elmardy v Toronto Police Services Board, 2017 ONSC 2074

[1] On a winter’s evening in Toronto, the Appellant, a black man, was walking on a downtown street when he was stopped by two Toronto Police Service officers. An interaction ensued during which the Respondent Constable Pak punched the Appellant in the face twice, emptied the Appellant’s pockets without his consent 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. Lanigan v. PEITF, 2017 PECA 3

[17] The Teachers’ Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect. . . . [more]