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. Ezokola v. Canada (Citizenship and Immigration), 2013 SCC 40

[84] In light of the foregoing reasons, it has become necessary to clarify the test for complicity under art. 1F(a). To exclude a claimant from the definition of “refugee” by virtue of art. 1F(a), there must be serious reasons for considering that the claimant has voluntarily made a significant and knowing contribution . . . [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. Spirito v. Spirito, 2022 ONSC 1839

[19] The leading case with respect to varying spousal support is L.M.P. v. L.S., [2011] 3. S.C.R. 775. The Supreme Court of Canada sets out the two-step process. First, the threshold in s. 17(4.1) of the Divorce Act regarding the change of circumstance must be met. The change must be a “material one, meaning 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. R. v. Samaniego, 2022 SCC 9

[1] Managing a criminal trial is a demanding task. This trial was no exception. It devolved into a nine-day, highly contested jury trial over a seemingly straightforward issue: whether Mr. Samaniego and/or his co-accused, Mr. Serrano, had possession of a handgun. The experienced trial judge had her hands full keeping the proceedings on track. Without . . . [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. Law Society of Ontario v. Diamond, 2022 ONLSTH 28

[37] From the consumer perspective, it is important that persons with legal issues be made aware of available legal services. Access to justice is advanced by allowing lawyers and paralegals to advertise their services. Advertising that conveys useful information can enhance consumer choice, awareness of legal entitlements and access to justice.

[38] . . . [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. Ahluwalia v. Ahluwalia, 2022 ONSC 1303

[52] To define the modes of liability underlying the new tort of family violence, the proper starting point is the definition of “family violence” found in s. 2 of the Divorce Act. Based on this statutory definition, to establish liability on a civil standard, the plaintiff must establish:

Conduct by a family member towards . . . [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. Ontario v. Trinity Bible Chapel, 2022 ONSC 1344

[89] Limits on religious freedom can arise at one of two stages: a) under s. 2(a) itself; and b) under s. 1 of the Charter. Where s. 2(a) is infringed, the government may seek to justify the limit under s. 1 of the Charter. I will come to deal with 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. J.N. v. C.G., 2022 ONSC 1198

[26] I won’t belabor the point, because I still have to get to my real job: determining what’s in the best interests of these two children. But the word needs to get out that while the court system won’t punish intolerance, it certainly won’t reward it either.

[27] All parenting issues – including health issues . . . [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. Jordan, 2016 SCC 27 (CanLII), [2016] 1 SCR 631

[1] Timely justice is one of the hallmarks of a free and democratic society. In the criminal law context, it takes on special significance. Section 11(b) of the Canadian Charter of Rights and Freedoms attests to this, in that it guarantees the right of accused persons “to 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. Feltz Design Build Ltd. v. Larson et al., 2021 ONSC 2469 

[53] Consequently, on this record, LPPC breached the trust established by the Construction Act. Counsel for the defendant conceded that the trusts established by ss. 7(2) extend to all amounts received by the owner after the stipulated event has occurred, even if from sources entirely unrelated to the property . . . [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. Cossnell, 2022 ONSC 654

[5] If the parties cannot come to an agreement dates or a timetable, then a conference may be necessary, but as stated in the CW Notice to the Profession for Long Motions, a party acting unreasonably should expect that costs may be awarded against that party at the conference if appropriate.

[6] A civil case conference . . . [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. College of Physicians and Surgeons of Ontario v. O’Connor, 2022 ONSC 195

[61] Without some anonymizing of doctors who come forward in an effort to assist the medical community at large by assisting the regulator, the Applicant may be unable to operate efficiently and effectively: Osif v. College of Physicians and Surgeons of Nova Scotia, 2008 NSCA 113, at para. . . . [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. Green v. CIBC, 2022 ONSC 373 

[93] In MacDonald, Belobaba J. suggested that the most import element of fee approval in mega-cases is the need to apply a principled approach. From my discussion throughout these reasons, I find that of the ten principled factors listed by Perell J. in SNC-Lavalin above, (including: complexity, risk, demonstrated skill, the amount in issue, . . . [more]