Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Bernard v. Fuhgeh (2017 ONSC 4727)
motion — conference — urgent — bias — affidavit
Justice J. Audet

Bielser v. Bielser (2017 ONSC 4703)
motion — costs — characterizes — primary residence of the children — reasonableness
Justice T. Engelking

Crofts v. Crofts (2017 ONSC 4676)
child is habitually resident — custody — jurisdiction — email — motion
Justice T. Engelking

Yovcheva v. Hristov (2017 ONSC 4660)
indemnity rate — costs to be paid — proper — represented — endorsement
Justice T. Engelking

K.E.L.(L) v. S.L. (2017 ONSC 4656)
motion — custody — access — children — submits
Justice T. Engelking

Civil Matters

D.L. v. Kay (2017 ONSC 4724)
anti-psychotic medication — treatment — declining — appreciation test — psychiatrists
Justice C. Hackland

Continue Reading…


#ThrowbackThursday: Statutes of Canada 1888

This week’s Throwback was scheduled to be something else, but I found this book while weeding the legislation section of the library yesterday and couldn’t resist.

Below, pictures from one of our volumes of the Statutes of Canada 1888, where someone (the librarian? A lawyer?) pasted legal stories from the newspaper into the first pages of the book. A nice time capsule item of how legal information was captured way-back-when.

 

  

 

 


Library Tip: eLooseleafs on Proview Now Included in WestlawNext Searching

We’d like to highlight a new(ish) feature for WestlawNext this week, in that they have added search integration with our Proview looseleafs! Now when you enter a search from the homescreen, hits from looseleafs available on the Proview platform will also show up in the search results, as you can see in the screenshot below:

Like other categories, you can click through the “View All” link to see other results from our looseleafs as well. Clicking on any of the titles will automatically link you over to the Proview platform so you can read the full title from there. Very useful in having one place that will search both platforms!


Library Titles Available for Cost of Shipping

As we prepare to renovate the CCLA Library, we are removing select titles from our print collection. We’d like to see as many of these items as possible land in happy new homes, so we’re going to keep an updated list of items that we have available for the taking up here on the blog. If you see anything on this list that you would like, please get in touch. All items are free but for the cost of shipping (if you have a shipping account number we can charge to, that would be the absolute best).

Additionally, if there is something specific you’re on the lookout for, please let us know – we might just have it but haven’t marked it for weeding yet.

You can email us at library@ccla-abcc.ca, or give us a call at 613-233-7386 extension 221 (or toll-free in Ontario at 1-866-637-3888).

Updated August 8, 2017

Legislation – Canadian

Statutes of Canada, Various Years (Contact for specific volume information)

Revised Statutes of Canada 1970

Revised Statutes of Canada 1985 (missing volume 1)

Alberta Statutes, 1960-2008

British Columbia Statutes, 1960-2002

British Columbia Revised Statutes 1960

Manitoba Statutes, 1960-1966

New Brunswick Statutes, 1960-2002

Newfoundland and Labrador Statutes, 1952-2007

Prince Edward Island Statutes, 1960-2008

Quebec Statutes, 1959-60-2008

Quebec Revised Regulations 1981

Quebec Gazette Part 2, 1977-1988

Saskatchewan Statutes, 1960-2008

Yukon Statutes, 1994-2008


Ottawa Blog Roll: July 2017

Please find below links to blog posts or articles authored by the Ottawa legal community in July.

Civil Litigation

The Court of Appeal finds Spilt Coffee at a Drive-Through is an Insurable Accident
– Shawn O’Connor and Sasha Willms, Kelly Santini LLP

Was Door-to-Door Salesperson on Lunch Break Still Working for WSIB Purposes?
– Frank Van Dyke, Van Dyke Injury Law Blog

“Self-Diagnosis” Not a Basis for Claiming CPP Disability Benefits
– Frank Van Dyke, Van Dyke Injury Law Blog

Compelling Attendance at an Examination Under Oath Requires Notice but not Reason
– Mitch Kitagawa and Sarah Reich, Kelly Santini LLP

Insurers Bear the Burden of Non-Compliance with Non-Renewal Notice Requirements
– Mitch Kitagawa and Chantel Helwer, Kelly Santini LLP

When One Size Doesn’t Fit All: Relationships & the Interpretation of Dependency for the Purposes of Accident Benefits
– Mitch Kitagawa and Kate Craner, Kelly Santini LLP

Risky summer activities: What are you waiving when you sign that form?
– Peter J.E. Cronyn, Nelligan O’Brien Payne

Mental Injury: What’s in a Name?
– Jennifer Aouad, Low Murchison Radnoff LLP

Condominium Law

Defamation: Condos must protect the reputation of its directors
– Rod Escayola, Condo Adviser

Condos will Need to Increase Their Fees to Pay for the New Condo Authority
– Rod Escayola, Condo Adviser

New Info on the Education and Examination Requirements for Condo Managers
– Rod Escayola, Condo Adviser

Condos will Have to File Yearly Information Returns
– Rod Escayola, Condo Adviser

How Much will a Condo Manager’s Licence Cost?
– Rod Escayola, Condo Adviser

How Much will the Condo Authority Cost and Who will Pay for it?
– Rod Escayola, Condo Adviser

Condominium Returns
– James Davidson, Davidson Houle Allen LLP

Proposed Fees for the Condominium Management Regulatory Authority of Ontario
– Christy Allen, Davidson Houle Allen LLP

Summary of the Proposed Regulations now available: the Condominium Database, and filing Returns
– Kristen Bailey, Davidson Houle Allen LLP

CAO and CAT Proposed Fees
– James Davidson, Davidson Houle Allen LLP

Constitutional Law

The Case of Omar Khadr
– Delaney’s Law Firm

Twelve Points about the Khadr Saga
– Craig Forcese, National Security Law

A Once & Final Parsing of the Legal Context for the Khadr Settlement
– Craig Forcese, National Security Law

Corporate Commercial Law

New International Commercial Arbitration Act in force in Ontario
– R. Aaron Rubinoff and John Siwiec, Perley-Robertson, Hill & McDougall LLP

New Record-Keeping Obligations for Old and New Ontario Corporations: What are they?
– Philip M. Aubry, Perley-Robertson, Hill & McDougall LLP

Criminal Law

The Art Of Sentencing: Why It’s Time To Revisit Mandatory Minimums
– Anne Marie McElroy, McElroy Law

Continue Reading…


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Yovcheva v. Hristov (2017 ONSC 4647)
offer — depleting — motion — costs — attempting to inflict financial harm
Justice T. Engelking

Assaf v Al-Shehimi (2017 ONSC 4534)
father — motion — sole custody of the child — access — successful
Justice J. Audet

Bloom v Bloom (2017 ONSC 4506)
income — set-off amount — spousal support — imputed — interim
Justice A. Doyle

CAS v R. & F. (2017 ONSC 4483)
contact — provided that the can arrange — notify — supervised — access
Justice P. Roger

Nolan v Nolan (2017 ONSC 4465)
matrimonial home — children — spouse — equalization — value of pre-marriage assets
Justice T. Engelking

Munyal v Dhillon (2017 ONSC 4438)
delay — prejudice — motion for summary — evidence — reinstated
Justice L. Sheard

N.H v J.H. (2017 ONSC 4414)
motion — re-open — urgency — temporary — orders
Justice C. MacLeod

Nderitu v Kamoji (2017 ONSC 4373)
costs — offers to settle — successful — table child support — spent
Justice M. Shelston

Luckman v Luckman (2017 ONSC 4364)
bad faith — successful — costs — offer to settle — arrears
Justice M. Shelston

Evans v Evans (2017 ONSC 4345)
pre-trial questioning — litigation — appreciate the reasonably foreseeable consequences — mental — depressive
Justice A. Doyle

Civil Matters

Frantz v. NB Thrilling Films 4 INC. et al. (2017 ONSC 4637)
policy — bond of an insurer — security for costs — dog bite — adequate substitute
Justice C. Hackland

Uriu v. Rivadeneyra (2017 ONSC 4574)
secondment — relocate — will — correspondence — riddled
Justice L. Sheard

Paquette v Hemish (2017 ONSC 4505)
brother — draft amended statement of defence — power of attorney — lawyer — litigation guardian
Justice H. Williams

6443923 Canada Inc. v Panahi (2017 ONSC 4489)
indemnity — summary judgment motion — costs — must decide the scale — actions
Justice C. MacLeod

ORBCOMM Inc. v Randy Taylor Professional Corporation (2017 ONSC 4488)
motions — divest — defamation — costs — modest
Justice C. MacLeod

Allianz v Canada (Attorney General) (2017 ONSC 4484)
non-settling — settling — crossclaims — litigation — indemnity
Justice C. MacLeod

1550988 Ontario Limited v Burnford Realty Limited (2017 ONSC 4407)
alleged breach of the lease — motion — costs — substantive — success
Justice S. Corthorn

Ramos v Hewlett-Packard (Canada) Co. (2017 ONSC 4413)
without prejudice — separation package offer — buy peace — letter — wrongful dismissal
Justice R. Ryan Bell

Carleton Condominium Corporation No. 282 v Yahoo! Inc. (2017 ONSC 4385)
originator of the emails — yahoo com — bona fide — defamatory — information
Justice R. Ryan Bell

Criminal Matters

R. v Ali (2017 ONSC 4531)
sentencing — binding — plainly wrong — mandatory minimum punishment — comity
Justice L. Sheard

R. v Wammes (2017 ONSC 4336)
delay — charges — transitional — disclosure — preliminary inquiry
Justice C. MacLeod

R. v. D.B. (2017 ONCJ 501)
child pornography — sexual — offences — presentence custody — sentence
Justice R. Wadden

 


HeadStart Ottawa: Legal Research for Articling and LPP Students 2017

We’re excited to bring back our annual HeadStart legal research session again this year! Every year we put on this three-hour morning training seminar on legal research, emphasizing the fundamental research skills that students will need to ensure successful articling and a rewarding legal career.

This year the session will take place on Friday, August 18, 2017 from 9:00 am to 12:30 PM. Registration will begin at 8:30 am on the 3rd floor of the courthouse across from the elevators.

The program will focus on practical research tips and will cover:

  • Finding and Updating Legislation
  • Case Law Research
  • Secondary Sources
  • Tips for Efficient Research & Bad Habits to Avoid

The cost of registration – only $25 plus HST – also includes a year of CCLA Student Membership and an invaluable research guide! To register (or to register on behalf of your students), please click here!

If you are already a CCLA student member, please sign in to the site before proceeding and the HeadStart registration will be free.

Luncheon

Following our HeadStart program, the CCLA would like to invite all 2017-2018 articling and LPP students to a Luncheon in the CCLA Library, from 12:30 pm to 1:30 pm. This informal time will give attendees the chance to network with other new articling and LPP students here in Ottawa, take a tour of the CCLA Library, and meet the CCLA Staff. There is no additional cost for attending the lunch. If you would like to attend only the lunch, please RSVP with Brenda Lauritzen.


New Titles – July 2017

We’ve received quite a few new books since last month, which are now available here in the library. Check out the full list below!

A Guide to the Youth Criminal Justice Act, 2018 Edition (LexisNexis)

Administrative Law in Canada, 6th Edition (LexisNexis)

Defending Drinking and Driving Cases 2017 (Carswell)

Family Law Litigation Handbook (Ontario), 2nd Edition (Carswell)

Handling Provincial Offence Cases in Ontario 2017 (Carswell)

Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide, Second Edition (Carswell)

Law and Law Breaking in Game of Thrones (LexisNexis)

Motions Court Practice and Procedure, 2nd Edition (LexisNexis)

Ontario Annual Practice 2017-2018 Edition (Carswell)

Ontario Workplace Safety and Insurance Act & Commentary, 2017/2018 Edition (LexisNexis)

Personal Injury Damages, 2017 Edition (LexisNexis)

Practice & Procedure Before the Human Rights Tribunal of Ontario (Carswell)

Practitioner’s Goods and Services Tax Annotated with Harmonized Sales Tax 2017, 35th Edition (Carswell)

Practitioner’s Ontario Taxes Annotated 2017 Spring Edition (Carswell)

Prosecuting and Defending Extradition Cases: A Practitioner’s Handbook (Emond Publishing)

The 2017-2018 Annotated Contraventions Act (Carswell)

The Law of Civil Procedure in Ontario, 3rd Edition (LexisNexis)

The Law of the Canadian Constitution, 2nd Edition (LexisNexis)

The Law on Disability Issues in the Workplace (Emond Publishing)

Watt’s Manual of Criminal Evidence 2017 (Carswell)

Wills and Estates, 4th Edition (Emond Publishing)


Newly Received Materials from LSUC CPD

Below are some of the most recent CPD materials added to the library collection. Each title links to the book record where you can view more details and the full table of contents. All materials are available in print at the library, or if you’re interested in only a couple of articles, feel free to email us a request for a scanned copy.

The Oatley McLeish Guide to Motor Vehicle Litigation 2017 (March 30-31, 2017)

  • The do’s and don’ts of leading opinion evidence / Jerome Morse and Kira Domratchev
  • Trial by ambush: what’s that? Disclosure obligations in affidavits of documents and examination for discovery / Audrey Ramsay
  • 2016 top 5(ish) accident benefits cases / Eric Grossman and Amanda Lo Cicero
  • Cross-examining the plaintiff’s doctor / James Davidson

Business Law Practice Basics 2017 (April 25, 2017)

  • Meeting your client / Darlene Tonelli
  • Due diligence / Shevaun McGarth
  • Letters of intent / A. Paul Mahaffy
  • Closing the transaction / David R. Street

14th Annual Real Estate Law Summit (April 3-4, 2017)

  • Super priorities: lending and enforcement issues / Amanda Jackson and James Riewald
  • Recent changes to the Residential Tenancies Act, 2006: what your clients need to know / Joseph Hoffer
  • A primer on clean-up of contaminated lands / Rosalind Cooper
  • Key covered risks which you should be aware of / Karen Decker, Raymond Leclair, and William McCarthy

The 31st Annual Joint Insurance Seminar (May 2, 2017)

  • The top recent SABS cases from the plaintiff’s perspective / Laura Hillyer
  • The defence perspective: accident benefits / Lisa C. Pool and Emily Piercell
  • PJI, thresholds, consumer protection, children, loans, speed and alcohol make for good plaintiff decisions / Robert J. Hooper