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. Northern Regional Health Authority v. Horrocks, 2021 SCC 42

[1] Labour relations legislation across Canada requires every collective agreement to include a clause providing for the final settlement of all differences concerning the interpretation, application or alleged violation of the agreement, by arbitration or otherwise. The precedents of this Court have maintained that the jurisdiction conferred upon the decision‑maker appointed thereunder . . . [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. Lavallee et al. v. Isak, 2021 ONSC 6661

[34] To succeed on a defence of justification, a defendant is required to adduce evidence showing that the statement was substantially true. The burden is on the defendant to prove substantial truth of the “sting” or main thrust, of the defamation: Bent v. Platnick, 2020 SCC 23, 449 D.L.R. (4th) 45, at . . . [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. Solanki v. Reilly, 2021 ONSC 6694

[16] In this case, the plaintiffs must prove, on a balance of probabilities, that the accident caused them to sustain a “permanent serious impairment of an important physical, mental or psychological function.”

[17] The terms “serious”, “permanent”, “impairment” and “important function” are defined by regulation under 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. Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555

[74] The whole point of s. 137.1 is to prevent a plaintiff from inflicting substantial costs on defendants in order to chill their participation in expressions on matter of public interest. Without the stay under s. 137.1 (5), the full panoply of expensive procedural steps under the Rules of Civil Procedure would . . . [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 (City) v. Ontario (Attorney General), 2021 SCC 34

[1] While cast as a claim of right under s. 2(b) of the Canadian Charter of Rights and Freedoms, this appeal, fundamentally, concerns the exercise of provincial legislative authority over municipalities. The issue, simply put, is whether and how the Constitution of Canada restrains a provincial legislature from changing the conditions . . . [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. Krug v Dakine Home Builders Inc., 2021 SKQB 241

[39] I raise this not to confuse the issue of liquated damages (which are absent in the contract) or whether Dakine should be paid for work already done; but rather to illustrate that since old times, the courts have seemed to view “time is of the essence” clauses in a rather restrictive . . . [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. Dr. Chuang v. Fogler Rubinoff, 2021 ONSC 5942

[21] The parties submit that none of the concerns expressed by the Court of Appeal in the recent decision of Butera v. Chown, Cairns LLP, 2017 ONCA 783, are relevant in this case. The parties are already before the court pursuant to the Defendant’s summary judgment motion and therefore granting partial summary . . . [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. MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594

[96] The trial judge relied on the American decision in MRI Healthcare to conclude that the resulting loss of use constituted resulting physical damage. That case, however, does not support the proposition that economic loss should be covered under an exception to an exclusion for resulting physical damage. On the contrary, . . . [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. Frampton, 2021 ONSC 5733

[14] Finally, I am aware that in many contexts, accommodations are made for unvaccinated persons. For instance, a student may nonetheless attend school even though they are unvaccinated as a result of medical or conscience-based reasons. This approach is the result of a cost-benefit analysis. It is thought that keeping every kid in school, even with . . . [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. Conlin v Edmonton (City) Police Service, 2021 ABCA 287

[62] The appellants are correct that there is a fine line between a correctness standard of review and a finding that there was only one possible outcome that was reasonable. Empirically, there is never only one possible outcome, because there are always at least two: the challenged outcome selected by the decision maker, . . . [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. Del Giudice v. Thompson, 2021 ONSC 5379

[120] The first criterion for certification is that the plaintiff’s pleading discloses a cause of action. The “plain and obvious” test from Rule 21 of the Rules of Civil Procedure for disclosing a cause of action from Hunt v. Carey Canada,[35] is used to determine whether a proposed class proceeding discloses a cause . . . [more]