Wednesday: What’s Hot on CanLII – Slaw.ca

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. The Teachers’ Federation submits that the trial judge fundamentally misunderstood and incorrectly applied the applicable law to the facts of the case; applied an incorrect standard of review of a union’s conduct, and imposed duties not required of it by law. Regarding treatment of the evidence, it submits there were numerous palpable errors that sometimes individually and cumulatively render each essential finding and conclusion erroneous. These errors of law interact in their effect, and are so basic and pervasive that they undermine all six findings of breach of duty.

Read More: http://www.slaw.ca/2017/04/05/wednesday-whats-hot-on-canlii-210/