Case Law Update — What’s New at CanLII & CanLII Connects

CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII’s goal is to make Canadian law accessible for free on the Internet. CanLII Connects makes it faster and easier for legal professionals and the public to access high-quality legal commentary on Canadian court decisions. CanLII Connects launched April 4, 2014 with almost 27,000 case summaries and commentaries.

Paralegal SCOPE Magazine was among the first contributors to CanLII Connects. See Scope’s Publisher Page. Here are some recent cases of direct interest and use to paralegals in Ontario:

  • A London paralegal got a judgment of $10,000 against an insurance broker. Ian Wilkinson was awarded the amount for the difference between lower insurance rates that were available for Errors & Omissions insurance, and what he paid. Wilkinson v Sneddon Insurance Brokers Limited, 2014 CanLII 78266 (ON SCSM)
  • Breaches of trust, abuse of process and jurisdiction, Solicitors’ Act: Wallis v Steven D. Gadbois Professional Corporation, 2015 CanLII 4018 (ON SCSM)
  • Fair price for a 1931 Model A pickup truck? St. Catharines Small Claims Court decision discusses undue influence, unconscionability, unjust enrichment, and quantum meruit. Smith v Croft, 2015 CanLII 3837 (ON SCSM)
  • School bullying and insurance claims: Superior Court finds that the mere possibility that the claim is within the policy is sufficient to trigger the duty to defend. D.E. v. Unifund Assurance Company, 2014 ONSC 5243 (CanLII)
  • Superior Court judicial review of a reconsideration decision finds s. 43(1)(c) age cut-offs for LOE benefits do not violate s. 15 (1) of the Charter. Gouthro v. Workplace Safety and Insurance Appeals Tribunal et al., 2014 ONSC 7289 (CanLII)
  • A paralegal has been ordered to pay costs to the Landlord and Tenant Board. Adjudicator Caroline King: “The pattern of behaviour was even more egregious as it was carried out by a paralegal licensed by the Law Society of Upper Canada.” TEL-45395-14 (Re), 2014 CanLII 49224 (ON LTB)
  • New rules for housing co-ops are being used at the Landlord & Tenant Board. In this case, an LTB N4C Notice to terminate occupancy was heard, to evict a paralegal whose housing arrears accounted for 60% of the co-op’s total arrears. SWC-00065-14 (Re), 2015 CanLII 1052 (ON LTB)
  • The Human Rights Tribunal has chastised a paralegal graduate landlord for “disingenuous” testimony. “I think it more likely than not that she deliberately avoided giving the applicant notice of his rights as a tenant in the hope – which was ultimately realised – that he would leave without putting up a fight.” Sharpe v. Cheuk, 2015 HRTO 10 (CanLII)
  • Paralegal Castillo Garcia has been suspended on an interlocutory basis, while the Law Society investigates 12 complaints. Vulnerable individuals paid Garcia for immigration work, which is outside the scope of practice. One complaint concerned 180 foreign applicants for work visas who said they provided retainer fees of $960,000 that were deposited in a bank account that was not a trust account. Law Society of Upper Canada v. Castillo Garcia, 2014 ONLSTH 226 (CanLII)
  • This strip search decision discusses rules about pleadings, as well as Charter remedies: Anoquot v. Toronto Police Services Board, 2015 ONSC 553 (CanLII)
  • Employment contracts are enforceable. Commentary on the Supreme Court decision dismissing employee’s application for leave
  • $38,000 in non-pecuniary damages awarded against Treasury Board for failing to accommodate a return to work. “It is a discriminatory practice to act as if a person does not have a disability in the face of medical information and knowledge that the person does have a disability.” Nicol v. Treasury Board (Service Canada), 2014 PSLREB 3 (CanLII)
  • Clear summary of the very long TWU v. NSBS ruling
  • An Ottawa man has attempted to file a claim against the federal Minister of Citizenship and Immigration, because visa delays caused greater childcare costs. Pirogov v Alexander, 2014 CanLII 72876 (ON SCSM)
  • Condo owners must accept a “normal” level of noise; condo corporation found not in contempt
  • Estoppel and contract enforcement – Mercedes-Benz Financial Services Canada Corporation (DCFS Canada Corp) v Khatra, 2014 CanLII 75203 (ON SCSM) “It has been held in common law, that where inconsistent words and conduct amount to a misrepresentation, even where that misrepresentation is innocent, or the effect of it gives a false impression, and where the other party relies or acts on it, the misrepresenting party cannot then repudiate his representation by reference to a printed condition or written clause.”

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