Yearly Archives: 2017

CCLA Renovations: Upcoming Service Changes

We are (finally) renovating our library and lounge space at the courthouse! It has been quite the long road to get to this point, so we are excited it is actually happening.

During the renovations we will be undergoing some service changes at the library. The following services will be affected:

December 1, 2017 – January 1, 2018

The CCLA library will be fully closed for the month of December as we prepare the library for renovations. This means:

  • No library staff, reference, or research services will be available on-site, by email, or by phone.
  • No access to print or electronic resources.
  • No computer access, printing, photocopying, scanning, or faxing available on-site.
  • Courthouse wifi and access to the lounge and robing rooms will be unaffected.

During this time, if you need assistance with legal research we recommend contacting our friends at the Middlesex Law Association (519-679-7046) or the Toronto Lawyers’ Association (416-327-5700), who are both extremely helpful!

If you prefer to use a local law library, you can use the University of Ottawa or the Supreme Court.

Computer access and scanning are also available at the main branch of the Ottawa Public Library.

January 2, 2018 – December 2018

The CCLA library will re-open with limited services in January while the renovations are taking place. We anticipate the renovations will take between 10 – 12 months. During this time there will be the following changes:

  • During the first stage of renovations, the library front desk will be moved adjacent to the lawyers’ lounge. The main portion of the library will be closed and access will only be possible through the lounge. Halfway through renovations the library front desk will be moved back into the library and the lounge will be closed.
  • Photocopying, faxing, printing, scanning, and time-limited computer access will be available with a smaller number of machines. There will be no access to these services by members of the public or court runners.
  • Limited reference and research services available. Much of our collection will be packed away, but we will do our best to assist with reference requests during this time.


We are certainly looking forward to having brand new facilities that work better for our users and our space, but in the meantime we thank you for your patience while we renovate!

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

McIntyre v. LaBoissonniere (2017 ONSC 6682)
spousal support — separation agreement — interim — children — motion
Justice M. Shelston

Elkout v. Elkout (2017 ONSC 6797)
child support — retroactive — behavior — offer — settle
Justice M. Linhares de Sousa

Giron v. Giron (2017 ONSC 6721)
child support — costs — articling student — junior — full indemnity
Justice S. Corthorn

Labrèche v Labrèche (2017 ONSC 6702)
child of the marriage — equalization — provable in bankruptcy — resulting trust — separation
Justice H. Williams

N.H. v. J.H. (2017 ONSC 6607)
spousal support — marriage — child — separation — limited-term support
Justice J. Mackinnon

Quenville v. Goodfellow (2017 ONSC 6549)
children — parent — father — school — custody
Justice J. Audet

Civil Matters

TD Bank v. Perodeau (2017 ONSC 6798)
mortgage — motion — affidavit — possession — defended
Justice C. MacLeod

9402209 Canada Inc. v. 2434989 Ontario Inc. (2017 ONSC 6735)
work platforms — brackets — interlocutory injunction — building — encroach on the property
Justice C. Aitken

Franklin v. Corporation of the City of Ottawa (2017 ONSC 6703)
sub-rule — vexatious — frivolous — endorsement — mail
Justice R. Beaudoin

Saini v. Labelle (2017 ONSC 6632)
anti-psychotic medication — argues — incapacity — credit card — reasonableness
Justice S. Kershman

Magenta Mortgage Investment Corporation, et al. v. Ashlar Construction Ltd., et al. (2017 ONSC 6621)
mortgage — payments — property — deficiencies — equitable estoppel
Justice A. Doyle

Simms v. Simms (2017 ONSC 6624)
testator — father — appointed — estate — funds
Justice C. Hackland

Saikely v. Saikely (2017 ONSC 6462)
vexatious — pleading — hallmarks of frivolous — abuse — process
Justice R. Beaudoin

Divisional Court Decisions from Ottawa Judges

State Farm v. Asamoah et al (2017 ONSC 6696)
procedural fairness — remitted for re-hearing — entitlement — application for judicial review — reasons
Justices F. Kiteley, L. Pattillo, and L. Sheard

Frederick v. Van Dusen (2017 ONSC 6681)
spring — septic system — proposed cross-appeal — effluent — reasonable person with the abilities
Justice R. Ryan Bell

Court of Appeal Decisions of Local Interest

Bois v. MD Physician Services Inc. (2017 ONCA 857)
installments — bonus — employee — pay-out dates — resignation
Justices J. Simmons, P. Rouleau, and D. Brown

#ThrowbackThursday: Civil Litigation Updated 1987

Our last cornerstone conference of the year kicks off tomorrow, so this means our last throwback in 2017 to the conferences from years past. For this year’s “Mont Ste. Trembello” (Mont Ste. Marie + Tremblant + Montebello), I’ve pulled up the agenda from 1987. As a special treat, we also have a copy of the registration form (a nerdy attention to detail that maybe only I enjoy, but I’ve included for you regardless).


Category Browse on JustisOne

Anyone who has been to my training sessions has heard me say that I am a huge fan of browsing. For legal research, I love being able to browse through tables of contents, indices, alphabetical lists, or subject guides to drill down to the specific set of information that I need, as opposed to just entering keywords or case or legislation names I’m not entirely sure about. As such, I was very excited to hear that JustisOne, a UK legal research platform that we subscribe to in the library (read more here!), was launching a browse feature. This feature would allow the researcher to choose from a list of categories, or subject areas, and drill down into more specific topics within that general area, ultimately finding cases on that point.

As of this this week, the beta version of the browse functionality has been added to the platform, so here’s a look at this brand-new feature. I’ve recently read a book for the Canadian Law Library Review on reproductive donation, so since it’s fresh on my brain, I’ll use this as an example. Click on any picture to make it bigger.

From the homepage of JustisOne, you can see on the left side bar a new icon – for the browse feature.

When you click on that icon, you open up the browse screen. A brand new column appears, with a list of topics presented alphabetically. These are the broadest levels of topics.

You can click to select a topic, and as you do, another column will open up with more specific categories to do with that initial topic. You can keep clicking and with each new column that is added to the right, you will get more and more specific topics. As you can see below, this browse went through a path of looking for family law cases, then cases to do with children, to do with assisted reproduction, and then finally donor identity.


You can keep clicking until you either reach a point where you’re satisfied (say you didn’t want anything more specific than “assisted reproduction”) or until there is nothing more specific to drill down to. This example above could actually have kept going to even more specific topics than donor identity. Finally, once you’re ready to see the cases under the category you’ve browsed to, you can click on the “Find Cases” button atop the columns:

This will bring up a list of cases that have been categorized under that topic:

You can also use these categories as a starting point to do a search. For example, here I stopped clicking through to more specific topics when I reached “assisted reproduction.” You can see that in the search box, and the number of cases is listed below that box:

I can add terms to that search box, however, to search just within the cases that were identified as being about assisted reproduction. In this example, I searched for cases classified as being about assisted reproduction, which also mention the phrase “embryo transfer”:


I think this is a really great addition to JustisOne, and one that you may find helpful in your research. Foreign law research can be quite daunting, but with this new browse function walking you through legal topics, not just entering key words in and hoping for the best, you may find case law searching from the Commonwealth to be a fair bit easier. I’ve heard that Justis is working to add more and more cases to the categories and sub-categories, which is just great. JustisOne is available on all of our library computers; let us know if you need any help using it!

New Login Process for HeinOnline

Heads up for lawyers in Ontario: the Law Society has changed the way you remotely access HeinOnline. Previously, lawyers could ask their local library for the password for logging in to the program, but because it was a single common login the password would change every six months. Starting last week, however, the Law Society has issued a new remote access procedure through EZproxy software. This will allow a static and persistent login and password for each individual lawyer, and it also means the previous username and passwords will not work!

HeinOnline is a fantastic resource for journal articles and historical Canadian legislation; we highly recommend it, and it’s free for Ontario lawyers! To get set up for your new access, contact the Law Society by email with your name, affiliation and law society number.

You can find out more by visiting the Great Library’s blog post here.


Upcoming WestlawNext Training

We’d be lying if we said WestlawNext wasn’t one of our favourite things. We’d also be lying if we said that our WestlawNext trainer wasn’t one of our favourite people! So we love to hold training sessions in the library for a multitude of reasons.

Here’s our next one! As always these are free and all are welcome, and can count towards 1 hour of professionalism content if you still need those CPD hours.

When: Wednesday, November 22, 2017, 12:00 – 1:00 PM

Where: CCLA Library, 161 Elgin St. Suite 2004

This program contains ­1.0 Professionalism Hour which can be used as credit towards your annual requirements.

The Thomson Reuters Customer Learning Team has been approved as an Accredited Provider of Professionalism Content by The Law Society of Upper Canada.

Please RSVP at the ‘register’ link here!

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Bloom v. Bloom (2017 ONSC 6555)
spousal support — income — variation — marriage — separation
Justice J. Audet

Makdissi v. Masson (2017 ONSC 6498)
children — extraordinary expenses — income — tuition — postsecondary
Justice C. MacLeod

Jones v. Jones (2017 ONSC 6496)
matrimonial home — value — separation — property — marriage
Justice P. Roger

M.D. v. A.C. (2017 ONSC 6260)
marriage contract — spousal support — draft — financial disclosure — indicated
Justice T. Engelking

Civil Matters

Loy-English v. The Ottawa Hospital et al. (2017 ONSC 6533)
medical actions — intervene — solicitors — proceeding — negligence
Justice C. Hackland

7321201 Canada Ltd. v. Intact Insurance Company (2017 ONSC 6480)
independent adjuster — building — motion to set aside — email — settlement proposal
Justice S. Corthorn

Mahmood Wali Mahmad v. Ottawa Police Services Board et al. (2017 ONSC 6276)
without leave to amend — pleading — struck — otions — strike
Justice M. O’Bonsawin

Eliot Shore v. Capital Sports Properties Inc. et al. (2017 ONSC 6271)
pleading — without leave to amend — otions — strike — controversy between the litigants
Justice M. O’Bonsawin

MNP Ltée. v. Armorer (2017 ONSC 6268)
fees — partnership assets — proceeds of the liquidation — stakeholders — amount
Justice R. Beaudoin

Criminal Matters

R. v. Sharmake Egueh (2017 ONSC 6293)
sureties — must — victim — bail — conditions
Justice M. O’Bonsawin

R. v. Ader (2017 ONSC 6263)
contested information — disclosure — receive a fair — adjournment — defence
Justice R. Smith

R. v. J.O. (2017 ONCJ 704)
apartment — mug — elevator — video — consenting
Justice P. Doody

Ottawa Blog Roll: October 2017

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

Civil Litigation

Court of Appeal Gives Thumbs Down to Dog Bite Plaintiff
– Mitch Kitagawa and Joshua Vickery, Kelly Santini LLP

License suspensions mulled for distracted driving in Ontario
– Quinn Thiele Mineault Grodzki LLP

Insurers Not Obliged to Advise Insured of Appeal Deadlines
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

The Forms Under the New Condo Act Are Out!
– Jocelyn Duquette, Condo Adviser

Condo Managers will be Required to Provide Police Record Checks
– Rod Escayola, Condo Adviser

Condo Learning this Month – Learning and Networking Opportunities
– Rod Escayola, Condo Adviser

Important Court Decision About Recovering Costs From Owners
– James Davidson, Davidson Houle Allen LLP

Changes Are Almost Here…Important Dates To Keep In Mind
– Cheryll Wood, Davidson Houle Allen LLP

Appeal Court Confirms Owner’s Obligation to Prove Case When Challenging Lien
– Victoria Craine, Davidson Houle Allen LLP

Examination of Records – Do Condominium Owners Need a Proper Reason?
– James Davidson, Davidson Houle Allen LLP

Corporate Commercial Law

Amendments to the Ontario Corporations Act
– Paul Franco, Mann Lawyers LLP

Support for Small Cideries in Ontario – An Overview of the 2017-2018 Small Cidery Program Guidelines
– Paul A. Lalonde, Perley-Robertson, Hill & McDougall LLP/s.r.l

Criminal Law

Limited Use Doctrine Defined…Again
– Dallas Mack, Mack’s Criminal Law

Effective Assistance – Tactical Dispute
– Dallas Mack, Mack’s Criminal Law

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

Liberals Break Two and a Half Promises with New Pot Laws
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Scissors Beat Paper; Statutes Beat Scissors: Severability Clauses Can’t Fix Illegal Termination Provisions
– Sean Bawden, Labour Pains

Bad faith dismissal: is medical evidence required to prove damages?
– Andrew Vey, Vey Willetts LLP

North v. Metaswitch Networks: Ontario’s Top Court Confirms the Correct Approach to Employee Severance
– Paul Willetts, Vey Willetts LLP

#MeToo: Workplace Harassment
– Megan Cornell, Momentum Law

Indigenous Law

Federal vs Provincial – Whose Legislative Authority Is It Anyway?
– Michel Nolet, Nelligan O’Brien Payne

IP & Copyright Law

Toronto Neighbourhood Heats Up Over Copyright Battle
– Adam M. Tracey, Nelligan O’Brien Payne

Submissions Posted on Canada’s Copyright Board – the Consultation Process
– Howard Knopf, Excess Copyright

Proposed Amendments to the Canadian Patent Rules
– Solomon Gold, Perley-Robertson, Hill & McDougall LLP/s.r.l

Practice Management

Changing the lawyer assessment system
– Jordan Furlong, Law21

Diversonomics | Season 2 Episode 4 – Re-training the brain (Pt 1): The road to work after concussion
– Roberto Aburto & Sarah Willis, Gowling WLG

Diversonomics | Season 2 Episode 5 – Re-training the brain (Pt 2): Employee-employer dynamics when dealing with concussion
– Roberto Aburto & Sarah Willis, Gowling WLG

Real Estate Law

Decreased rental real estate following new rent controls
– Merovitz Potechin LLP


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

#ThrowbackThursday: Happy Birthday, CBC! 2

I can’t be the only person who sees reference to an old piece of legislation and then wants to look it up for themselves. When I saw today’s date – November 2 – listed as parliament passing the Canadian Broadcasting Act, I immediately jumped over to HeinOnline to look at the statute from the source law. I was disappointed to see that this information was a bit misleading – The Canadian Broadcasting Act, 1936 was assented to in June 1936.

Page one of SC 1936 c. 24. (If you’d like a copy of the whole act, let us know!)

The CBC did, however, go live to air on November 2, 1936, replacing its predecessor the Canadian Radio Broadcasting Commission (which itself replaced CNR Radio). Two days after, on November 4, a formal welcome was given by CBC Chairman Leonard Brockington – you can listen to this 15 minute clip on the CBC Archives.


Lexis Advance Quicklaw: Upgrade to Finding the Halsbury’s Laws of Canada

If you’ve used Lexis Advance Quicklaw lately, you’ll notice a new feature to the home screen: the “Explore Content” box beneath the search bar.



This box is still new, and continued enhancements to it are sure to follow, but for now I think it’s a really great tool to highlight the Halsbury’s Laws of Canada, which are available within Quicklaw. The Halsbury’s series is a great introduction to many different legal topics, featuring titles by leading authors in their respective areas of law.

Prior to this new “Explore Content” box, finding the full set of the Halsbury’s was a bit difficult. Now, it couldn’t be easier. When you enter Quicklaw at the CCLA library on any of our public computers, the box will be almost at the top of the screen. Just click where it says Halsbury’s Laws of Canada




And you’ll be brought to a nice and tidy page containing a list of all of the  titles.


You can click on any of the titles in blue, and be brought to the table of contents for that book, as well as a search box that will search that title of Halsbury’s alone. As an example, here is the screen for the Halsbury’s Law of Canada – Aboriginal Law:



I love any feature that makes browsing available materials in a database easier, so this to me is a really great upgrade. Check it out next time you’re in the CCLA Library!