Ottawa Blog Roll: November 2016


Below are links to blog posts or articles authored by the Ottawa legal community in November.

Civil Litigation

So You Want to Appeal… (Part 1 – General Overview)
– Megan E. Fife, Maclaren Corlett

Vicarious liability: You are liable for the actions of people who have “possession” of your vehicle with your “consent”
– Burke-Robertson LLP

Safeguarding the Arbitration Process: Court deters frivolous claims of arbitrator bias
– R. Aaron Rubinoff and John Siwiec, Perley-Robertson, Hill & McDougall LLP

A Brief Review of Social Host Liability in Canada
– Ally Czarnowski, Perley-Robertson, Hill & McDougall LLP

Condominium Law

Courts Will Protect Condo Board Decisions… made in good faith
– Rod Escayola, Condo Adviser

Register Your Condo Lien Early or Risk Losing It
– Rod Escayola, Condo Adviser

Condominium Declaration, By-laws and Rules: What’s the Difference?
– Rod Escayola, Condo Adviser

How Much Time Does a Condo Have to Register a Lien ? (Part 2)
– Rod Escayola, Condo Adviser

First-Year Deficit of a Condominium Corporation
– Rod Escayola, Condo Adviser

Case Law Highlights
– James Davidson, Condo Law News

New Authorities Under Bill 106
– James Davidson, Condo Law News

Discovery of Claims Requires Asking the Right Questions
– Christy Allen, Condo Law News

Corporate Commercial Law

VIDEO BLOG: SPACs and CPCs: Alternatives to Private Equity and Traditional IPOs
– Conor Cronin, Perley-Robertson, Hill & McDougall LLP

Criminal Law

Marijuana dispensaries wait as report on Canada’s legalization due Nov. 29, 2016 – Risk of charges continues
– Brett McGarry, McGarry Law

“We all share blame”: Reconciliation and sentencing in R v. Pelletier
– Anne-Marie McElroy, McElroy Law

October Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

In the News: Publication Ban and the Presumption of Innocence
– Shore Davis Johnston

The RCMP Needs You Scared – and the Media Seems Happy to Help
– Michael Spratt, Abergel Goldstein & Partners LLP

Are the Liberals Missing the Will to Change the Status Quo
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

When the Most Qualified Candidate Does Not Win
– Sean Bawden, Labour Pains

Dismissed employee receives punitive damages award
– Wassim Garzouzi, RavenLaw

Ontario Court Orders Employer to Pay $50,000 in Punitive Damages
– Paul Willetts, Vey Willetts LLP

Whose Computer is it Anyway: accessing pornography using company equipment and systems
– Ella Forbes-Chilibeck, Forbes-Chilibeck Employment Law

Employee Misconduct and Online Anonymity
– Andrew Vey, Vey Willetts LLP

Fixed Term Employment Agreements and Employee Severance
– Paul Willetts, Vey Willetts LLP

Accommodation at Work: The Role of Ontario Employers and Employees
– Paul Willetts, Vey Willetts LLP

Unrelated Employers Do Not Create Continuous Employment
– Sean Bawden, Labour Pains

Ottawa Judge Awards $50,000 in Punitive Damages after Employer Fails to Provide Statutory Minimums and ROE
– Sean Bawden, Labour Pains

Rage Typing and Social Media Harassment: What Are An Employer’s Obligations?
– Stephanie Lewis, Labour of Law

Div Court Finds No Frustration of Contract after 29-Month Disability Leave; Upholds Awards of Human Rights Damages and “Punitive” Costs
– Sean Bawden, Labour Pains

“An employer can only dismiss a probationary employee for just cause” – Why that statement may have been correct, but it doesn’t mean what you think.
– Sean Bawden, Labour Pains

Refusal to Hire Foreigners in Order to Keep the “White Man Working” both Morally Repugnant and Illegally Racist
– Sean Bawden, Labour Pains

The Enforceability of Releases: Top 10 Need-to-know Facts
– Jill Lewis, The Workplace Matters

Do Disabilities Disable Progressive Discipline?
– Stephanie Lewis, The Workplace Matters

Navigating the Litigation Process
– Dana Du Perron, The Workplace Matters

SCC Delivers Swift Victory For The BC Teachers’ Federation
– Jill Lewis, Labour of Law

WSIB Offset For Pre-Existing Condition: Thinking About Appealing?
– Peggy King, Labour of Law

Bill C-16: A Further Step towards Protecting Transgender Canadians
– Karine Dion, Labour of Law

Employment Contract Deemed Void Ab Initio for Failing to Account for Hypothetical Severance
– Sean Bawden, Labour Pains

When is Change Constructive Dismissal?
– Ella Forbes-Chilibeck, Forbes-Chilibeck Employment Law

Family Law

Stepping Through Family Law Procedure
– Erin Kelley, Labour of Law

Imputing Income in Support Cases
– Mary Cybulski, Burke-Robertson LLP

General Interest

Tracking legal need in very small areas with the Legal Health Check-Up
– Dr. Ab Currie, Legal Aid Ontario

Immigration Law

U.S. Immigration to Canada: Strength and Opportunity through Diversity
– Warren Creates & Adam Sadinsky, Perley-Robertson, Hill & McDougall LLP

IP & Copyright Law

Life-threatening Heart Ailment? No Problem, Just Invent the Solution!
– Adam Tracey, IP@nelligan

CIPO Trademark Practice Update – Descriptiveness and Place of Origin
– Adam Tracey, IP@nelligan

Outlines of Oral Arguments in Access Copyright Judicial Review of Copyright Board K-12 Decision
– Howard Knopf, Excess Copyright

Blacklock’s Fails in Copyright Litigation Against the Government of Canada – Fair Dealing is Upheld and Even Extended
– Howard Knopf, Excess Copyright

Blacklock’s – The Costs Submissions
– Howard Knopf, Excess Copyright

Hellyer et al v. Right Honourable Justin Trudeau et al T-1789-16 re CETA Challenge Statement of Claim
– Howard Knopf, Excess Copyright

Judicial Review of Access Copyright K-12 Tariff to be Heard November 22, 2016 in Ottawa
– Howard Knopf, Excess Copyright

Astrazeneca, Eli Lilly, the Supreme Court of Canada, NAFTA & a Rogue Elephant – Tomorrow Promises to be an Interesting Day
– Howard Knopf, Excess Copyright

Amounts Paid to Access Copyright by 37 Canadian Universities from 2011 to 2015, including Average Amounts per FTE
– Howard Knopf, Excess Copyright

Marketing Law

Advertising – Can they really say that?! Advertising self-regulation in Canada – Part 2
– Mary G. Griffith, Maclaren Corlett

Practice Management

We All Need Assistants and Assistance
– Gordon B. Greenwood, Maclaren Corlett

Privacy & Security Law

Lessons Learned: E-Learning Company Faces $50,000 Spam Fine
– Margot Patterson, Privacy and Cybersecurity Law

The New Abnormal Normal For The Canadian Security & Intelligence Community With…President Donald J Trump
– Craig Forcese, National Security Law

Streamlined Anti-Terror Investigations: Quick Notes On The UK Experience
– Craig Forcese, National Security Law

Many Shades Of Secrecy: Challenges And Conundrums In The World Of Canadian National Security Secrecy
– Craig Forcese, National Security Law

CSIS And The Metadata Muddle Pt 1: What Is This Case Really About?
– Craig Forcese, National Security Law

CSIS And The Metadata Muddle Pt 2: On Secret Law, Courts And The Rule Of Law
– Craig Forcese, National Security Law

CSIS And The Metadata Muddle Pt 3: Politics, Small And Big “P”
– Craig Forcese, National Security Law

Real Estate Law

Three New Government Rules & Tax Changes For Home Buyers and Sellers
– Michael Abrams and Jennifer Cox, Startup.Buildup.Sellup.

Sports Law

Sports & Law – 3rd Period in the Game of Advertising and Marketing
– Gordon B. Greenwood, Maclaren Corlett

Wills & Estates Law

Changes to Taxation of Life Insurance Impacts Estate Planning
– Lawrence Silber and Jennifer Cox, Startup.Buildup.Sellup.

Powers of Attorney – Gifts and Loans to Friends and Relatives and Charitable Gifts
– Michael A. Chambers, Maclaren Corlett

What Does The Duty to Account Entail?
– John Peart, Wills and Estates Law Blog

We include recent posts and articles that are of substantive value to the legal community. Did we miss one? Let us know!

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