Yearly Archives: 2017

New on CanLII: Browne v. Dunn

A small ripple of excitement went up on legal Twitter yesterday when CanLII announced that a copy of the seminal case Browne v Dunn (1893) 6 R 67 (H.L.) was now available for free online. This case has plagued Canadian law libraries somewhat over the years – it’s incredibly important, regularly cited, and before now, not freely available anywhere. Many libraries, ours included, had an old photocopied version kicking around for when it was needed. Thanks to the Great Library at the LSUC, a copy is now up on CanLII. Enjoy!

vLex Canada Tip: Canada Gazette Part II

Ever get mired down in trying to dig up old federal regulations on the government’s antiquated Canada Gazette Archives? Fortunately, vLex Canada is here to help with that. Following our previous tips on Irwin Law Essentials and MLB Topics, today we’ll have a quick look on how to find older regulations in Part II of the Canada Gazette, now available on the new vLex Canada platform.

The easiest way to get to the Gazette from the vLex homepage is to click on “Browse” in the lefthand toolbar. From there, click on the “List of Sources” tab in the top under the search bar, and you will come to a screen like the following. The Canada Gazette is one of the first listed, with the French equivalent Gazette du Canada found a little further down.

Clicking on the Gazette will bring you straight to the most recently published edition. To find older editions, simply click the “Older Issues” button in the righthand sidebar, and it will pop up with an option to select which month you are interested in:

As you can see, coverage on the platform goes back to January 1998.

After selecting the issue you are interested in, a table of contents will open where you can click through to the Regulation that you are looking for.

Perhaps what is best about all this though, is that search bar at the top of the page. If you don’t know exactly what you’re looking for, you can search through all the available issues of the Canada Gazette by using the search with the Gazette filter on. This provides better functionality than the official government website for the same – plus the clean interface of vLex’s platform which is much easier on the eyes!


Resource Spotlight: The Criminal Law Series by Emond Publishing

We’ve written about books from Emond Publishing before on Robeside Assistance, and we wanted to do so again to feature a relatively new series they have available. With the first book in the series published just last year, Emond has launched their “Criminal Law Series.” This series, currently up to four published titles, features easy to read and concise books on many aspects of the criminal justice system and criminal law practice, authored by both defence and Crown counsel. These books are geared toward the criminal law practitioner, and would be superb for anyone new to this area of law or would like a refresher.

Just last week, we received their newest entry to the series – Prosecuting and Defending Sexual Offence Cases: A Practitioner’s Handbook. To check out more about this book, including a summary table of contents, click here. This book joins other titles we’ve previously purchased, on youth criminal justice, extradition, and criminal appeals. The next titles to be published are scheduled to be on digital evidence and fraud cases, and we’re greatly looking forward to adding those to the collection.  If you’d like to review any of these books at our library, you’ll find these in the criminal law section of the Texts collection (or just ask us as the front desk!).

Ottawa Blog Roll: September 2017

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

Civil Litigation

Proving Negligence in a motor-pedestrian collision: beware of s. 193 of the HTA
– Sherif Rizk, Codified Law Blog

Unnamed Insured May be Able to Recover Damages For Denial for Benefits of Another Insured
– Mitch Kitagawa and Chantel Helwer, Kelly Santini LLP

Cost Savings in Summary Judgment Motions
– Mitch Kitagawa and Chantel Helwer, Kelly Santini LLP

Not all Medical Examination Consent Forms are Created Equal
– Mitch Kitagawa and Chantel Helwer, Kelly Santini LLP

“Opportunistic” MVA Plaintiff Misses Deadline to Sue for Damages
– Frank Van Dyke, Van Dyke Injury Law Blog

Update on Injured Ontario Workers and Bill 148
– Frank Van Dyke, Van Dyke Injury Law Blog

Using the “Transmission of Force” Principle in MVA Claims
– Frank Van Dyke, Van Dyke Injury Law Blog

The Economic Loss Expert
– Najma Rashid, OTLA Blog

Construction Lien Act Amendments, Part 1 – Prompt Payment Rules
– Bryce Dillon and Keith MacLaren, Perley-Robertson, Hill & McDougall LLP/s.r.l

Construction Lien Act Amendments, Part 2
– Bryce Dillon and Keith MacLaren, Perley-Robertson, Hill & McDougall LLP/s.r.l

Automated vehicles – disrupting the traditional city
– Michael S. Polowin & Jacob Polowin, Gowling WLG

Condominium Law

The Limited Jurisdiction of the New Condo Authority Tribunal
– Rod Escayola, Condo Adviser

New condominium law to help regulate financial transparency
– Merovitz Potechin LLP

The Complaint Process under the CMSA
– Melinda Andrews, Davidson Houle Allen LLP

Proposed Code of Ethics for Condominium Managers has been released
– James Davidson & Melinda Andrews, Davidson Houle Allen LLP

New Proposed Regulations under the CMSA
– James Davidson & Melinda Andrews, Davidson Houle Allen LLP

Continue Reading…

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Geisler v. Georgeoff (2017 ONSC 5746)
child — access — relationship — best — stepmother
Justice R. Beaudoin

CAS Ottawa v. C.W. (2017 ONSC 5761)
father — care — child — supervision — temporary
Justice C. MacLeod

Kirvan v. Kirvan (2017 ONSC 5661)
spousal support — offer — equalization — successful — life insurance
Justice M. Shelston

Guertin v. Dumas (2017 CanLII 64970)
bad faith — costs — offer — child s school — motion
Justice M. Shelston

Bouchard v. Poulin (2017 CanLII 64969)
docketed — motion — bill of costs — legal fees — offer to settle
Justice M. Shelston

Obam Dallaire v. Dallaire (2017 ONSC 5608)
motion — support — costs — jurisdiction — bonus
Justice R. Beaudoin

Civil Matters

Bouchard c. CECCE & Dupuis (2017 ONSC 5595)
expert — animation culturelle — écoles — impartialité — témoignage
Juge S. Gomery

Winmar v Steak & Sushi (2017 ONSC 5930)
equitable set-off — restoration — work — genuine issue requiring — contract
Justice R. Beaudoin

Abdollahpour v. Abdollahpour (2017 ONSC 5921)
costs — offer — motion — indemnity — inclusive of disbursements
Justice J. Parfett

McPeake v. Cadesky & Associates (2017 ONSC 5705)
firm — trust deed — retainer — shareholders — genuine issue requiring
Justice R. Ryan Bell

Treats v. Burloak (2017 ONSC 5692)
entire agreement clause — lease — email — building — occupancy
Justice H. Williams

Ridley Estate v. Eagan, Desjardins Financial Security et al. (2017 ONSC 5663)
funds — misappropriated — estates — served with the motion record — monies
Justice S. Corthorn

Maxrelco Immeubles Inc. v Jim Pattison Industries Ltd. (2017 ONSC 5836)
answers to undertakings — insurance policy — expert — discovery — produce
Justice M. O’Bonsawin

Dunn et al. v. TD Waterhouse and Eagan (2017 ONSC 5805)
funds — estates — misappropriated — individuals — search
Justice S. Corthorn

Criminal Matters

R. v. A.(E.G.) (2017 ONSC 5315)
evidence — acts of intercourse — father — sexual contact — events
Justice S. Corthorn

R. v. K.C. (2017 ONSC 5803)
pedophilia — sexual — dangerous offender — recidivism — predicate
Justice K. Phillips

R v. Arifi (2017 ONSC 5687)
defense — confession — voluntariness — motion for non-suit — evidence
Justice S. Gomery

R. v. Jacko (2017 ONSC 5584)
aboriginal — probation — sentence — community — knife
Justice C. MacLeod

R. v. M. (2017 ONSC 5537)
text message — reasonable doubt — cocaine — evidence — clinging
Justice P. Roger

Divisional Court Decisions from Ottawa Judges

Norma Wexler v. Carleton Condominium Corporation No. 28 (2017 ONSC 5697)
costs — penalize — principle — standard of review — amount
Justice M. O’Bonsawin


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.

Indigenous Law Issues 2016 (November 14, 2016)

  • Indigenous legal and justice issues : lessons learned from inside and outside the courtroom / Stephen O’Neill
  • Contracting out of the Indian Act : traditional protections v. 21st : century commercial forces / Murray Teitel
  • Supreme Court of Canada discussions about Indigenous peoples : a primer list for 2016 / Signa A. Daum Shanks

Class Actions for Civil Litigators (November 15, 2016)

  • Bringing and defending class actions : 10 things plaintiffs’ and defense counsel need to know / Neil Campbell, Laura Cooper, Eliot Kolers, Linda Visser
  • From a speed bump to a stop sign : recent developments in securities class actions / James D.G. Douglas, Alessandra Nosko
  • The continuing evolution of privacy class actions in Canada / Nicole Henderson, Catherine Beagan Flood

Harassment in the Workplace: Understanding the New Obligations (March 28, 2017)

  • Protecting Ontario workers from harassment : changes to the Occupational Health and Safety Act under Bill 132 / Cassandra Ma, Mihad Fahmy, Julie McAlpine-Jeffries
  • Bill 132 & mandatory workplace harassment programs : taking the Ministry of Labour’s program from paper to practice / Samantha Lamb
  • When managers harass : dealing with the aftermath / Nadine S. Zacks

The Six-Minute Estates Lawyer 2017 (May 8, 2017)

  • Client retainer conflict issues / Susan Easterbrook
  • Joint assets and planning considerations / Debra L. Stephens
  • Drafting tips for primary and secondary wills / Kathleen Robichaud

Administrative Law Practice Basics 2017 (May 16, 2017)

  • How to run an administrative law file from retainer to hearing / Andrew Pinto
  • How to run an administrative law file from retainer to hearing / Andrew Pinto
  • Ensuring that you know the rules, regulations and right of appeal / Elise J. Hallewick, Kerry MacDonell

Criminal Law Practice Basics 2017 (May 13, 2017)

  • The initial meeting and instructions / Paul Calarco
  • Judicial criminal pre-trial best practices / Ontario Court of Justice
  • Building your practice / Anthony Moustacalis

Entertainment & Media Law Symposium 2017 (April 27-28, 2017)

  • Dabble, dabble – toil – and trouble the challenges of practising media and entertainment law / Simon Chester
  • The cross-border challenge : navigating American and Canadian talent guilds / Jayme Alter
  • Copyright reform is back : looking ahead to parliament’s five-year review : Annotated Copyright Modernization Act amendments / Jay Kerr-Wilson, Laura Konkel

7th Annual Business Law Summit (May 11, 2017)

  • Ontario business law reform / Jennifer Babe
  • Corporate pro bono : providing pro bono legal services to small businesses, start-ups and entrepreneurs / Victoria Crewe-Nelson
  • eSignature tools best practices / Mara Nickerson

Upcoming Webinar: Finding the Perfect Precedent

For years, one of our most popular lunchtime training sessions has been “Finding the Perfect Precedent.” Everyone loves finding a precedent that is exactly what they need for for their client, but sorting through the mountain of materials available can be daunting. To hopefully make this session even easier to attend, we’ve decided to make it a webinar!

On Tuesday, October 31, 2017 at noon, we’ll be running Finding the Perfect Precedent online. This session will cover both online and print resources, including of course the most popular precedents collection in our library (and maybe your library, too), O’Brien’s Encyclopedia of Forms. The cost for the webinar is just $10.00, and you can register online here.

#ThrowbackThursday: CBC Archives “On This Day”

Today’s Throwback doesn’t directly have to do with law, but I just stumbled across this portion of the CBC website and definitely wanted to share it.

In the digital archives of the CBC, they’ve built an “On This Day” feature that allows you to watch a news clip from the top story of a day from some point in CBC’s broadcasting past. They’ve selected topic for each day of the year, with some incredibly varied new stories.

As today is September 28, their news story for the day dates from 2000 – “Pierre Trudeau Dies at 80.”

vLex Canada Tip: MLB Topics

Last time we had a look at the Irwin Law Essentials collection which is now available on vLex, and continuing with our tips for the new database, today we’ll be having a peek at the MLB (Maritime Law Book) Topics and how they can help your research.

If you’ve ever taken any legal research training sessions from us, you’re probably aware that we are very much fans of skipping keyword searching altogether. It’s messy, ugly, and for the most part you get dumped on with a load of garbage.

Ok perhaps I’m exaggerating, but instead of wasting time picking through thousands of cases, we very much advocate for whatever publications or shortcuts you can use to cut down your research time. MLB topics are one of those shortcuts: they group similar cases by topics, so if you find a case that is relevant, you can click on the topic you’re interested in and find similar cases really quickly. You can also browse the topics, as we’ll see below.

From the homepage of vLex, select “Browse” from the sidebar. From there, navigate to “MLB Topics” in top menu. You’ll see a list of alphabetical topics you can now either search or peruse through.

Clicking on any one of these topics will bring up a listing of all the specific topics under that heading. For example, Contracts:

From here you can click through to any topics that interest you to find links to cases that are under that topic.

Similarly, if you are looking at a case on vLex, at the top of the case all the MLB topics will be listed so you can select your issue and find similar cases on that point of law. At the top of each case it will look something like this:

Clicking on any one of those magnifying glass will search that classification and bring up a list of cases on the topic. So skip the keyword case searching and browse through the MLB topics instead!