Recently Published Ottawa Decisions

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

Family Matters

CAS v. T.S. and M.O.U. and C.S. (2020 ONSC 879)
maternal grandmother — child — care — custody — charge
Justice D. Summers

Z.S. v. B.P. (2020 ONSC 885)
power imbalance screening — arbitration — domestic violence — mediation session — number of pre-arbitration conferences
Justice P. MacEachern

Vekeman v. Vekeman (2020 ONSC 823)
younger children — access to the two younger — oldest child — allegations — father’s access
Justice P. MacEachern

Armstrong v. Vanneste (2020 ONSC 804)
motion to change — security for costs — child — conference — proposal
Justice P. MacEachern

Crockett v. Crockett (2020 ONSC 714)
temporary spousal support — costs — matrimonial home — divided — cross-motion
Justice J. Mackinnon

Robson v. Pellerin (2020 ONSC 716)
motion — offer to settle — costs — line of credit — unreasonable
Justice J. Mackinnon

Continue Reading…


Ottawa Blog Roll: January 2020

Please find below links to a selection of recent blog posts or articles authored by the Ottawa legal community in January.

Civil Litigation

Changes to the Rules of Civil Procedure in Ontario
– Chloe Waind, Merovitz Potechin LLP

Ontario introduces amendments to simplified procedure – What does this mean for insurers?
– Jordan Wright & Cassandra Khatchikian, Gowling WLG

Consider Yourself Warned the Next Time you Lace Up Your Skates
– Michael Beeson, Low Murchison Radnoff LLP

Condominium Law

Status Certificates – A Checklist of Legal Considerations
– James Davidson, Davidson Houle Allen LLP

Alberta Court Orders Removal of Dog from Condominium
– Mohiminol Khandaker, Davidson Houle Allen LLP

Water Damage Flow Chart
– James Davidson & Nancy Houle, Davidson Houle Allen LLP

Mould in a Unit – When Is a Condominium Corporation Responsible?
– James Davidson, Davidson Houle Allen LLP

Chargebacks for Enforcement Costs – What Now?
– James Davidson, Davidson Houle Allen LLP

Second-Hand Smoke – What Are the Rights and Obligations?
– James Davidson, Davidson Houle Allen LLP

The Crisis in Condominium Insurance
– James Davidson, Davidson Houle Allen LLP

Condos Must Notify Owners Before Commencing Lawsuits 2.0
– Rod Escayola, Condo Adviser

Condos Must Act Reasonably When Imposing a Section-98 Agreement
– Graeme Macpherson, Condo Adviser

Condos Must Act Reasonably When Seeking Compliance
– David Plotkin, Condo Adviser

Condos Cannot Lien the Cost of Seeking Compliance
– Rod Escayola, Condo Adviser

The Condo Forms Have Moved !! Find Them Here!
– Rod Escayola, Condo Adviser

Construction Law

Regulatory changes for Ontario’s construction and environmental sectors
– Roxie Graystone, Merovitz Potechin LLP

Corporate Commercial Law

Incorporation for Real Estate Agents
– Jade Renaud, Mann Lawyers

Judicial Update – Bond Design Build Inc. v Wellings of Stittsville Inc.
– Christine A. Powell & Crystal McConkey, Soloway Wright

Continue Reading…


International Materials Round-Up

It’s been a minute since we covered the wide range of international materials we have here in the library, so let’s do a round-up!

International materials are often fairly expensive to subscribe to. A firm that doesn’t do a lot of work requiring materials from outside Canada will likely not subscribe to any international services. Fortunately, the CCLA has your back! If you need non-Canadian case law, we’re definitely here to help and provide a very cost-effective solution to your research needs.

Note the following:

  • Most of these resources only contain case law and legislation. We don’t have many secondary sources available. International treatises are very expensive to acquire, so if you need something from a text, get in touch and we’ll find another library who does have a copy of the item and can make a scan or lend.
  • Any of the paid resources below are for use in-library only. Unfortunately, legal publishers aren’t keen to provide off-site access to their databases. The exception to this is …
  • For HeinOnline: This resource has some very old English case law in it, a fantastic collection of Canadian legislation, and a lot of legal journals. The Law Society is able to provide remote access to this database for all licensees in Ontario. To get your own password, please contact the Law Society’s library.

United Kingdom

By far, the UK is the most sought-after foreign jurisdiction. We have UK case law available in several services, as well as some old print materials still on the shelf.

  • Lexis Advance Quicklaw
  • JustisOne
  • ICLR.3
  • Hein Online
  • BAILII – Use from Home or Office!

Australia & New Zealand 

Australia and New Zealand have been coming up more and more frequently. Fortunately, we have you covered!

  • Lexis Advance Quicklaw
  • JustisOne
  • AustLII – Use from Home or Office!

United States of America

American case law and legislation can be a bit tricky to figure out, but we’re covered for that, too.

  • Lexis Advance Quicklaw
  • LII – Use from Home or Office!
  • Google Scholar – Use from Home or Office!

Other Free Resources

  • Free Access to the Law member websites – Here is a list of sites that are basically like CanLII, but from other countries. Be warned: CanLII is easily the best of the bunch, so temper your expectations for other countries.
  • GlobaLex – Great guides to the law from a huge number of countries.

Finally, if none of these services have what you need, don’t fear! We work with other libraries who have different subscriptions, and we’re always happy to ask around if you need something.


Recently Published Ottawa Decisions

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

Family Matters

Nadon v. Whissell (2020 ONSC 655)
father — costs — child support — successful — litigants
Justice J. Audet

Hubley v. Fitzpatrick (2020 ONSC 597)
child support — conference — promote the primary objective — spousal support — orders
Justice P. MacEachern

Fournier v. Labranche (2020 ONSC 575)
costs — child support — income — enforceable — pay
Justice T. Engelking

The Children’s Aid Society of Ottawa-Carleton v. V.M. (2020 ONSC 221)
child — genuine issue requiring — admits — evidence — records
Justice A. Doyle

Thompson v. Lidtkie (2020 ONSC 117)
access road — costs — property — easements — driveway
Justice A. Doyle

Letkeman v. Bainbridge (2020 ONSC 508)
spousal support — income — range — material change — variation
Justice T. Engelking

Continue Reading…


New Titles – January 2020

See the list below for new titles now available at the CCLA library!

 

2019 Department of Finance Technical Notes: Income Tax, 31st Ed. (Thomson Reuters)

2019-2020 Annotated Bankruptcy and Insolvency Act (Thomson Reuters)

2020 Annotated Competition Act (Thomson Reuters)

2020 Annotated Copyright Act (Thomson Reuters)

2020 Annotated Divorce Act (Thomson Reuters)

2020 Annotated Employment Insurance Act (Thomson Reuters)

2020 Annotated Immigration and Refugee Protection Act of Canada (Thomson Reuters)

2020 Annotated Ontario Family Law Act (Thomson Reuters)

2020 Annotated Ontario Human Rights Code (Thomson Reuters)

2020 Annotated Ontario Labour Relations Act (Thomson Reuters)

2020 Annotated Ontario Landlord and Tenant Statutes (Thomson Reuters)

Annotated Aboriginal Law: The Constitution, Legislation, Treaties and Supreme Court of Canada Case Summaries 2020 (Thomson Reuters)

Annotated Ontario Rules of Criminal Practice 2020 (Thomson Reuters)

Canadian Immigration & Refugee Law Practice, 2020 Ed. (Thomson Reuters)

Child Support Guidelines in Canada, 2020 (Irwin Law)

Document Registration Guide, 2020, 21st Ed. (LexisNexis)

Federal Courts Practice 2020 (Thomson Reuters)

Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms, 2nd ed. (Irwin Law)

Impaired Driving in Canada – The Charter Cases, 4th Ed. (LexisNexis)

The Law of Bailment (Irwin Law)

The Law of Costs in Personal Injury Actions (LexisNexis)

The Law of Objections in Canada: A Handbook (LexisNexis)

The Law of Witnesses and Evidence in Canada (Thomson Reuters)

McLeod’s Ontario Family Law Rules Annotated 2019-2020 (Thomson Reuters)

Ontario Employment Standards Act: Quick Reference – 2020 Ed. (Thomson Reuters)

Ontario Landlord & Tenant Law Practice, 2020 Ed. (LexisNexis)

Practitioner’s Goods and Services Tax Annotated with Harmonized Sales Tax 2019, 40th Ed. (Thomson Reuters)

Practitioner’s Ontario Taxes Annotated 2019, Fall Ed. (Thomson Reuters)

Prosecuting and Defending Professional Regulation Cases (Emond Publishing)

Remedies: The Law of Damages, 3rd ed. (Irwin Law)

Sentencing: Principles and Practice (Emond Publishing)

Taxation of Trusts and Estates: A Practitioner’s Guide 2020 (Thomson Reuters)

Youth Criminal Justice Law, 3rd ed. (Irwin Law)


Spicy Hot News from CanLII!

Last week, CanLII delivered some great news from their development team. I’ll let you tell them about it themselves at this blog post, but the two major new features are:

1. Decision highlights and paragraph-level note-ups: Check out how a specific paragraph of a decision has been cited in subsequent cases.

2. Decision intensity indicators: A little blue jalapeno icon will now show you, from your search results list when do you do a note-up, how extensively a case has been discussed. Here’s a look at our spicy little friend: undefined

And in action:

 

Again, check out CanLII’s blog post for full information on how these features work, and more importantly, get in there on CanLII and try them out for yourself!


Upcoming Training @ the CCLA

If you’re looking to get a jump on your 2020 CPD hours *and* brush up on some legal research skills at the same time, look no further! Here are upcoming legal research training sessions we’ll be putting on.

WestlawNext Canada – Thursday, January 30, 2020 @ 12:00 (In-Person) 

WestlawNext Canada training is back! Join us on Thursday, January 30 as we welcome trainer Josée Provost for an hour-long session on WestlawNext Canada. If you use this database but could use some fresh instruction on how to use it more effectively, this is the session for you.

This program has been LSO accredited for 1.0 CPD hour toward the annual Professionalism Requirement.

WestlawNext Canada contains a wealth of Canadian primary law, renowned commentary and value-added tools. In this session, we will cover how to:

  • Browse the CED, Canadian Abridgment and other exclusive WLNC content
  • Find specific documents by Citation or Name/Number
  • Link to Citing References and Other Related Documents (Noting up)
  • Perform searches using Plain Language or Boolean Connectors
  • Organize and filter Search Results
  • Work with Documents (Print, Email, Download)
  • Access Your Research History

 

Jurisource – Juedi, le 13 février 2020 @ 12h (En personne)

Jurisource.ca est une bibliothèque virtuelle qui recense des milliers de ressources tels que : des modèles d’actes, des listes de contrôle, des lexiques, des ressources linguistiques, des infographies, etc.

Me Alexanne Stewart, agente de projet chez Jurisource.ca, vous aidera à vous familiariser avec cet outil très utile pour la recherche juridique et terminologique.

Veuillez noter que la session est gratuite et peut compter à titre d’une heure de droit de fond pour la formation professionnelle continue (FPC) du Barreau de l’Ontario.

 

Hein Online – Wednesday, February 26, 2020 @12:00 (Webinar)

Did you know that LSO lawyers have free access to HeinOnline, a legal research database that you can use from your office or home? Join us for a lunchtime webinar to learn about the wealth of legal materials available to you and how to access it quickly and efficiently. We will also cover to browse and download journal articles and historical legislation, and how to save time by optimizing your searches.

To cover costs of the webinar, this session is 10$; you can register here. The day before the session, we’ll send you an email with the link you need to get into the webinar. You’ll need either speakers or earphones for your computer.

This session is eligible for 1 substantive CPD hour.

 

Lexis Advance Quicklaw – Tuesday, March 24, 2020 @ 12:00 (In-Person)

Join us on Tuesday, March 24 a for an hour-long training session on Lexis Advance Quicklaw! If you use this database but could use some fresh instruction on how to use it more effectively, this is the session for you.

This program has been LSO accredited for 1.0 CPD hour toward the annual Professionalism Requirement.

In this session:

  • Learn to search the broadest collection of Canadian primary and secondary sources using a refreshingly new design that features a streamlined single intuitive search box allowing you to search as you like. As well, you will learn how selecting favourite sources or pre-search filters can help narrow your starting point.
  • Access extensive content coverage including Canadian Case Law; Case Summaries; Citators; Administrative Decisions; Acts; Regulations; Court Rules; Constitutions; Forms and Precedents; and Textbooks including Halsbury’s Laws of Canada.
  • Discover how to search by name, by source or topic, citation or keyword; navigate and refine search results; deliver documents; note up cases and statutes using the QuickCITE® Case Citator and the QuickCITE® Legislation Citator.
  • Discover how the ‘History Content Pod’ can help you streamline your workflow by viewing your search history, search terms, most recently opened documents, or, by viewing a graphical map of your search activities allowing you to jump right back into any part of your research.
  • See how highlighting and annotating can help you keep track of important and relevant material by saving them to customizable and sharable folders.

 

CanLII – Thursday, April 16, 2020 @ 12:00 (Webinar)

On April 16th, join us for a lunchtime training webinar on CanLII, the legal research tool that you can use for free from your home or office!

To cover costs of the webinar, this session is 10$; you can register here. The day before the session, we’ll send you an email with the link you need to get into the webinar. You’ll need either speakers or earphones for your computer.

This session is eligible for 1 substantive CPD hour.


Recently Published Ottawa Decisions

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

Family Matters

Hum v. Skoll (2020 ONSC 275)
offers to settle — costs — litigation — bad faith — behavior
Justice M. Linhares de Sousa

Children’s Aid Society of Ottawa v. M.G. (2020 ONSC 79)
children — parents — care — access visits — girls
Justice C. Aitken

Nixon v. Lumsden (2020 ONSC 147)
income — property — value — marriage — matrimonial home
Justice J. Audet

Dostie v. Poapst (2020 ONSC 139)
father — contempt — child — motion — access
Justice J. Audet

Cohen v. Cohen (2020 ONSC 88)
questioning — three-part test — evidence — recording — written interrogatories
Justice S. Corthorn

Frank v. Campbell (2020 ONSC 364)
child care expenses — income — child support — draft — seeks
Justice P. MacEachern

Civil Matters

CUPW v. B’nai Brith Canada et. al (2020 ONSC 323)
nai — defamation — antisemitic — public interest — defences
Justice C. MacLeod

Salewski v. Scott (2020 ONSC 195)
actions — costs — caps — offers — lawsuits
Justice S. Gomery

Continue Reading…


Compendium of Damages Awarded in Personal Injury Actions Across Ontario, January 1999 – October 2019 Update

The most recent update to our Compendium of Damages Awarded in Personal Injury Actions Across Ontario is now available! You can download a copy of the 2019 update here, or find it on the Civil Litigation Practice Portal of the CCLA website.

As always, we would like to thank The Honourable James Chadwick for his leadership on this project, as well as the law students and lawyers who make this update possible every year. This year’s update was completed with the efforts of Parisa Khazra and Alex Di Giovanni of the University of Ottawa Common Law program. Thank you very much, and a job well done!


Recently Published Ottawa Decisions

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

Family Matters

Manship v. Manship (2019 ONSC 7535)
child — matrimonial home — counsellor — spousal support — one-half of the net
Justice P. MacEachern

Anderson v. Haywood (2019 ONSC 7497)
access — daycare — child — second weekend — father
Justice T. Engelking

Stewart v. Fuhgeh (2019 ONSC 7445)
costs — email — inadvertently — signed — written
Justice J. Mackinnon

V.L. v. M.L. (2019 ONSC 7367)
father — child — access — counselling — relationship
Justice J. Audet

Molla v. Kebry (2019 ONSC 7369)
children — father — grandmother — contempt — travel
Justice T. Engelking

Wakeling v. Debassige (2019 ONSC 6933)
offer — costs — powwows — successful — settle
Justice T. Engelking

Continue Reading…