Monthly Archives: July 2017

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

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Fincham v Fincham (2017 ONSC 4279)
father — child — income — support — gifts
Justice J. Audet

Van Haren v Stewart (2017 ONSC 4238)
income — farm — support — imputed — interim
Justice C. MacLeod

Deslauriers v Pommainville (2017 ONSC 4212)
amount — costs — child support — email — expenses
Justice A. Doyle

Rivest-Marier v Emond (2017 ONSC 4197)
father — access — child support — school — custody of the child
Justice M. Shelston

Hicks v Sbardella (2017 ONSC 4204)
expenses — reargue — volleyball — supplementary — emails
Justice M. Shelston

Obam Dallaire v Dallaire (2017 ONSC 3998)
spousal support — ceiling — income — amount — bonus
Justice R. Beaudoin

Bielser v Bielser (2017 ONSC 4111)
children — preferences — views — reside — primary
Justice T. Engelking

Perrier c. Caron (2017 ONCS 4093)
outrage — visites — motion — compétence — père
Juge A. Doyle

Assaf v Al Shehimi (2017 ONSC 4278)
child — father — parenting — daughter — access
Justice J. Audet

Civil Matters

Howard and Associates Inc. v Tomasek Agencies Inc. (2017 ONSC 4291)
dependent contractor — socks — affidavit of documents — declaration — motion
Justice M. James

Carr v Ottawa Police Services Board (2017 ONSC 4331)
officers — cell — arrest — evidence — damages
Justice S. Corthorn

Blackwood v Doe (2017 ONSC 4276)
minor — litigation guardian — settlement — prejudgment interest — injured
Justice H. Williams

Continue Reading…

#ThrowbackThursday: Charles Stanley Monck, 4th Viscount Monck

You’re thinking “Who?” At least to me, Lord Monck, Viscount Monck, or any other variation isn’t exactly a household name. With confirmation yesterday, however, that Julie Payette will be the next Governor General of Canada, I started looking at the history of that position, and who the first person to hold it was.

Charles Monck, 4th Viscount Monck, 1st Governor General of Canada, Winner of “Best Beard 1867” (One of those isn’t true.)

Charles Monck, later 4th Viscount Monck, later still Baron Monck, was born in Ireland, has the distinction of being both the last Governor General of the Province of Canada, and the first Governor General of Canada after Confederation. He was also a lawyer, having done law school at Trinity College in Dublin and called the bar at King’s Inn in 1841. According to the Canadian Encyclopedia, “Monck displayed considerable diplomatic skill in dealing with the serious Canadian-American tensions of the day. A keen advocate of the defence and political consolidation of BNA, Monck was one of the architects of the Great Coalition, devised to carry Confederation, and he worked assiduously to overcome opposition to Confederation in Nova Scotia and New Brunswick.” Fun fact: Rideau Hall was purchased and established as official viceregal residence during his tenure. You can see here a picture of Lord Monck with his family and staff outside of the building in 1866:

When Lord Monck’s term was over, he returned to Ireland. He was succeeded by the second Governor General of Canada, with a name many of us are likely much more familiar with, at least in passing: John Young, 1st Baron Lisgar.


Asked and Answered: Canadian Railway Cases

This question has come up a few times now at the library, usually stated something like this:

I’m looking for a case that I can’t find. The citation is 1 CRC 461. Help!!

The citation “CRC” refers to a dusty, but clearly still useful, law report series titled Canadian Railway Cases. While this was published originally by Canada Law Book, it still hasn’t made its way in its entirety onto WestlawNext Canada. It seems that if the case was also reported in another law report series, it will be available on the electronic services (most likely), but if the case only appeared in the CRCs, it will probably be just available in the print version for now.

The series ran from 1902 to 1939, and we are fortunate to still have this set in our collection. So, if during your research you find you need a case with that citation and you can’t find it on any of the online services, we’re only a quick email away, and we’d be happy to send it over for you!



Changes Ahead!

A couple of weeks ago, we were given the go-ahead to start prepping the library for the long-awaited renovation. I’m sure you can imagine our delight and excitement! In the coming months, we will be pruning the book collection and removing bookshelves from our space. “Weeding” a collection, as it’s known in the library world, is a process that takes a fair amount of time to complete properly, even more so when you’re doing a large scale weed like we’ll be doing for the renos. The renos are still a ways off, but the books need to be attended to first!

The first set of books to leave the library are select volumes of legislation from other provinces. The next stop for those books, we’re happy to say, will be HeinOnline, where they will be helping to increase the amount of Canadian legislation available in that database. (Did we mention LSUC licensees get free HeinOnline access? Contact us for details!).

We are currently working on our renovations plan, including which services and materials will be available during construction. We will make everyone aware of those plans when they are finalized. For now, however, we’re business as usual, just with slightly fewer books and shelves, and slightly more dust!

Ottawa Blog Roll: June 2017

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

Civil Litigation

SCC Upholds Costs Order Against Lawyer Personally
– Margaret R. Truesdale, Perley-Robertson, Hill & McDougall LLP

Saadati v. Moorhead: The repudiation of a dubious perception of mental illness
– D. Lynne Watt, Gowling WLG

What is an Occupational Therapist?
– Najma Rashid, OTLA Blog

Relief From Forfeiture Granted Where a Tenant Failed to Deliver a Timely Written Notice of Their Intention to Renew the Lease
– Rob de Toni, Merovitz Potechin LLP

Does the Insurer have a Duty to Defend the Insured Based on the Policy’s Coverage?
– Mitch Kitagawa & Kentt Coburn, Kelly Santini LLP

Insurers Must Provide Actual Reason(s) for Examinations Under Oath
– Mitch Kitagawa & Kentt Coburn, Kelly Santini LLP

Joint Retainers: When Multi-Parties Share the Same Lawyer
– Eric Appotive, Kelly Santini LLP

Using Expert Evidence in Medical Malpractice Claims
– Frank Van Dyke, Van Dyke Injury Law Blog

ODSP Rate Increase for Medical Travel: Moving in the Right Direction
– Emily Cumbaa, RavenLaw

Condominium Law

Can Condos Prohibit the Display of Canadian Flags?
– Jocelyn Duquette, Condo Adviser

Will Toronto’s Proposed Airbnb Regulation Help Condos?
– Rod Escayola, Condo Adviser

How Much will the Condo Authority Cost Condo Owners?
– Rod Escayola, Condo Adviser

Construction Law

It’s finally here! Ontario reforms the Construction Lien Act
– Gowling WLG

Corporate Commercial Law

New Canadian Anti-Spam Legislation (CASL) Rules in Effect as of July 1, 2017
– Ian McLeod, Mann Lawyers

Criminal Law

Jordan, Cody And Some Friendly Reminders On Delays In The Courts
– Anne Marie McElroy, McElroy Law

Lessons Learned In Criminal Law
– Anne Marie McElroy, McElroy Law

June 2017 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

Ontario Court: ‘total payroll’ must be considered when assessing employer severance pay obligation
– Paul Willetts, Vey Willetts LLP

Wrongful Dismissal Cases are Appropriate for Resolution by way of Application: ONSC
– Sean Bawden, Labour Pains

Can Employers Opt-In to the Common Law to Opt-Out of the Canada Labour Code?
– Sean Bawden, Labour Pains

Mind the Gap – What Happens When Details Are Missing From a Settlement?
– Sean T. McGee, Nelligan O’Brien Payne

Family Law

Securing Support with Life Insurance: The Dagg v. Cameron Estate Case
– Kathleen Wright, Mann Lawyers

School Registration
– Caspar Van Baal, Mann Lawyers

Indigenous Law

Own-Source Revenue – Reconcili-action?
– Michel Nolet, Nelligan O’Brien Payne

Continue Reading…

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

CAS Ottawa v S.H. & M.B. (2017 ONSC 3906)
child — evidence — kin — access — motion
Justice C. MacLeod

Perry v Perry (2017 ONSC 3836)
reconstituted — estate — releasing — unavailable — concerning
Justice T. Ray

Giron v Giron (2017 ONSC 3712)
ceremony — access visits — child — marriage — counselling
Justice S. Corthorn

Syed v Syed (2017 ONSC 3739)
bad faith — costs — disclosure — successful — income
Justice A. Doyle

Civil Matters

Farah v EODC Inc. (2017 ONSC 3948)
termination — employment — notice — contract — common-law presumption
Justice S. Kershman

Nemchin v Green (2017 ONSC 3907)
rate — cent — post-judgment interest — pre-judgment interest — non-pecuniary
Justice S. Corthorn

Continue Reading…