Yearly Archives: 2018


Recently Published Ottawa Decisions

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

Family Matters

Blair v. Hamilton (2018 ONSC 7318)
children — parenting schedule — arbitration — counselling — custody
Justice P. MacEachern

Salmanmanesh v. Forozandeh (2018 ONSC 7267)
travel with the child — motion — urgent — father — advisory
Justice P. MacEachern

Vernon v. NEO Family and Children’s Services (2018 ONSC 7231
standard of care — expert evidence — genuine issue requiring — professional — fact-finding powers
Justice S. Gomery

Reeves v. Cooper (2018 ONSC 7137)
biological — custody of the child — maternal great grandmother — paternal grandmother — great aunt
Justice M. Shelston

Trépanier v. Hunter (2018 ONSC 7086)
contempt — access — visits — child — weekend
Justice S. Gomery

Civil Matters

Zakhour v. Nohra (2018 ONSC 7176)
requisition — copied — sates — vexatiousness — pleading
Justice R. Beaudoin

Gore Mutual Ins. Co. v. Sovereign General Ins. Co. (2018 ONSC 7156)
motion for summary — theft of the truck — leased — evidence — exclusion
Justice S. Corthorn

Wolseley Canada v. Caesar’s Plumbing and Heating Ltd. (2018 ONSC 7159)
personal guarantee — signed — envelope — evidence — email
Justice S. Gomery

Donleavy v. Ultramar Ltd. (2018 ONSC 7142)
contingency fee agreement — indemnity — rates — fixing costs — fees
Justice S. Corthorn

Mississippi River Power Corporation v. WSP Canada Inc. (2018 ONSC 7139)
costs — motion — amount — inclusive of disbursements — factum
Justice R. Ryan Bell

Lee v. McGhee (2018 ONSC 7132)
inclusive of disbursements — motion — partial indemnity costs — fix — amount
Justice R. Ryan Bell

The Commonwell Mutual Assurance Group v. Campbell (2018 ONSC 7118)
coverage — costs on a partial indemnity — application — successful — modestly
Justice C. MacLeod

Her Majesty the Queen in Right of Ontario v. Canadian Broadcasting Corporation (2018 ONSC 7100)
motion — refusals — cross-examination of a deponent — questions — bans
Justice R. Beaudoin

Armstrong v. Moore (2018 ONSC 7056)
outhouse — cottage — land — property — trees
Justice C. MacLeod

Criminal Matters

R. v. Blair (2018 ONSC 6618)
probable grounds — reasonable — impaired — evidence — driving
Justice A. Doyle

CRIMR. v. Quadri (2018 ONSC 7070)
conditional discharge — immigration consequences — sentence — offence — probation
Justice C. Aitken

R. v. Momprevil (2018 ONSC 6979)
guilty plea — judicial pre-trial — count of breach of probation — preliminary — failure to keep the peace
Justice C. Aitken

R. v. Sayed-Mansour (2018 ONCJ 842)
reflex — lobby — bitten — kiss — bite
Justice D. Berg

Divisional Court Decisions from Ottawa Judges

2076831 Ontario Ltd. v. Qiu (2018 ONSC 7295)
poisoned work environment — sexualized comments — reprisal — retaliated — submit that the erred
Justices C. Horkins, B. Conway, and M. Labrosse

Summa Engineering Limited v. Sona Construction Limited (2018 ONSC 5733)
holdback — lien — motion judge erred — amount owed — liens
Justices C. Horkins, S. Bale, and M. Labrosse

Dhawan v. Shails et. al. (2018 ONSC 7116)
indebtedness — continuing guarantee — debt — bid — repay
Justice S. Gomery

Court of Appeal Decisions of Local Interest

R. v. Hoare (2018 ONCA 991)
children — sentence — family — best interests — suffocation
Justices C. W. Hourigan, G. Pardu, and A. Harvison Young

Cadieux v. Cloutier (2018 ONCA 903)
tort — silo — damages — strict matching — benefits
Justices G. Strathy C.J.O., A. Hoy A.C.J.O., K. Feldman, D. Brown, and D. Paciocco

Carroll v. McEwen (2018 ONCA 902)
conditional assignment — damages — matching — attendant care benefits — costs
Justices G. Strathy C.J.O., A. Hoy A.C.J.O., K. Feldman, D. Brown, and D. Paciocco

R. v. Beaton (2018 ONCA 924)
death — moot — victim — offence — interests of justice
Justices D. Watt, K. van Rensburg, and J. M. Fairburn

R. v. Campbell (2018 ONCA 837)
post-offence conduct — deceased — murder — police — jury
Justices G. Strathy C.J.O., I. Nordheimer, and C. McKinnon

Weaver v. Weaver (2018 ONCA 843)
motion — offers to settle — attracts — thoughtful — extension
Justices G. Strathy C.J.O., I. Nordheimer, and C. McKinnon

Rivas v. Milionis (2018 ONCA 845)
conventional mortgage — wife — loans — motion — transfers
Justices G. Strathy C.J.O., I. Nordheimer, and C. McKinnon

Apotex Inc. v. Schering Corporation (2018 ONCA 890)
estoppel — doctrine — patent — res judicata — motion
Justices G. Strathy C.J.O., I. Nordheimer, and C. McKinnon

R. v. Sabir (2018 ONCA 912)
criminal harassment — voluntariness — gun — voir dire — statements
Justices G. Strathy C.J.O., I. Nordheimer, and C. McKinnon


Courthouse Libraries Web App Launch

Do you often travel to different jurisdictions for court? Did you know there’s a Courthouse Library in the 47 courthouses across Ontario, and they provide services for visiting counsel? 

The Ontario Courthouse Libraries Association (OCLA) is excited to roll-out our new mobile-device-friendly app. The new website is designed to be a lawyer-centric portal to the County and District Law Libraries in the province. We’ve packaged the individual law library profiles into one convenient site, offering an easy-to-digest overview of the information, and services being offered. Some of the features include:

  • Highly visible quick link icons to contact information, location-based mapping, weather, and Association websites.
  • Find information about hours, access, electronic resources, parking, robing rooms, lounge facilities, value added extras, and more.
  • Quick library catalogue access to diverse resources, directly from the homepage.
  • A persistent header with a drop-down menu for easy navigation by Association or city.

Enhance your travel experience to another jurisdiction by visiting http://oclanet.com/webapp/!

You can also find instructions on how to add a link to this web app to your mobile homepage here!


Ottawa Blog Roll: November 2018

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

Condominium Law

Can Condos Terminate a Snow Removal Contract Early?
– Jocelyn Duquette, Condo Adviser

Has the Condo Tribunal Delivered all that it Promised to?
– Rodrigue Escayola, Condo Adviser

Loophole Around Mandatory Condo Director Training?
– Rodrigue Escayola, Condo Adviser

Condo Owner not Allowed to Get 20-year old Board Minutes
– Rodrigue Escayola, Condo Adviser

Changes to Lien periods Under the New Construction Act
– David Lu, Davidson Condo Law

Constitutional Law 

Human Rights Tribunal of Ontario Finds Provision Allowing Health Benefits to the Terminated at Age 65 Unconstitutional
– Margaret Truesdale, Perley-Robertson Hill & McDougall LLP

Corporate Commercial Law

An overview of the Competition Bureau’s new Immunity and Leniency Programs
– Quin Gilbert-Walters & Ian Macdonald, Gowling WLG

Criminal Law

November 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Scheer’s Guns and Gangs Strategy A Simple Plan for Simple Minds
– Michael Spratt, Abergel Goldstein & Partners LLP

Time for the Civil Bar to Step Up
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Hold the Applause: Clapping Banned to Reduce Individual Anxiety
– Paul Willetts, Vey Willetts LLP

ONSC Judge Would Have Ordered at Least 36 Months Reasonable Notice – If Requested
– Sean Bawden, Labour Pains

Employee Allowed to Sue for Sexual Harassment Five Years After Signing Full and Final Release
– Sean Bawden, Labour Pains

No Right to Sue Employer for Sexual Assault by Co-Worker: WSIAT
– Sean Bawden, Labour Pains

IBM appeal case reboots the importance of parties’ intentions for termination provisions
– Amy Derickx, Gowling WLG

What’s old is new again: Bill 47 passes into law
– André Poulin-Denis & Jesse Baker, Gowling WLG

IP & Copyright Law

Fake News on Fair Dealing from Michael Enright Himself and the CBC Sunday Edition
– Howard Knopf, Excess Copyright

Follow Up on Bill C-86 – The Omnibus Bill that Amends Canadian IP Law
– Howard Knopf, Excess Copyright

My Speaking Notes for Senate BANC Committee November 21, 2018 re Copyright Board
– Howard Knopf, Excess Copyright

Industrial Designs: What’s New?
– Adam Soliman, Nelligan O’Brien Payne LLP

Practice Management

Diversonomics Season 3, Episode 6 | Making an ally: How to capitalize on your discomfort zone
– Roberto Aburto & Cindy Kou, Gowling WLG

Diversonomics Season 3 | Episode 5 The long game: Putting ongoing D&I goals into action
– Roberto Aburto, Gowling WLG

Regulatory Law

Canada’s Supreme Court Clears the Way for New National Securities Regulator
– Brian Kells & Brianna Mayes, Perley-Robertson Hill & McDougall LLP

Alcohol and Gaming Commission of Ontario rolls out licensing regime for cannabis retailers
– Jon-Paul Powers & William Bjornsson, Gowling WLG

Wills & Estates Law

Ontario Superior Court Case — Probate Fees and Double Wills
– Heather Austin-Skaret, Mann Lawyers

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


#ThrowbackThursday: Library Entrance Before and After 1

Last week, I was asked to participate in a panel for the National Capital Association of Law Libraries on the topic of library renovations. As some of you may know, the Library of Parliament has undergone significant renovations in the last few years, and will actually be moving out of Centre Block for the duration of their upcoming renovation work. Our renovation was nothing like the scale of their project, but we did have some similar experiences in renovating a library all the same.

As I was preparing for the panel, I put together some before and after shots of the library, and it was staggering to look at the pictures so closely side by side. Our renovation project is slowly creeping toward the finish line (we have some heating issues to resolve, and I’m sure we can agree that an Ottawa winter without proper heating wouldn’t be ideal!), and we still need to hang art work, but take a look at these four pictures from when you enter the library.

   

 

   

I’m struck by how narrow everything feels in the before photos. Many people remark on how huge the space feels when you walk in now, and it’s easy from these to see why!


Recently Published Ottawa Decisions

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

Family Matters

Boily v. Eaton (2018 ONSC 7078)
spousal support — annual income — payable — child support — evinced
Justice T. Engelking

Boily v. Eaton (2018 ONSC 7042)
income — expenses — on-going spousal support — daycare — child support
Justice T. Engelking

Clarke v. Clarke (2018 ONSC 7023)
child support — reasonable opportunity to be heard — address — set aside the registration — notice
Justice D. Summers

Majeed v. Chaudry (2018 ONSC 6977)
spousal support — pay to the applicant spousal — costs — bad faith — offer
Justice M. Shelston

Edwards v. Edwards (2018 ONSC 6869)
child support — psychologist — entitlement to spousal support — change — income
Justice J. Mackinnon

Davidson v. Davidson (2018 ONSC 6878)
bad faith — child support — costs — unreasonably — successful in obtaining
Justice J. Blishen

Continue Reading…


#ThrowbackThursday: Civil Litigation Updated 1998 1

As the steady stream of Ottawa litigators heading to Mt. Tremblant begins this afternoon, we’re looking back at the conference program from 20 years ago. As it happens, the conference that year was also held in Tremblant.

The resolution of the only copy of the agenda that we have for the 1998 conference is unfortunately pretty hard to read, but we’ve done our best. Unless someone knows how to convert a 98 File to .docx, this will have to do! I love that there was a session on Y2K. Remember Y2K?


Recently Published Ottawa Decisions

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

Family Matters

Smoak-Huszar v. Huszar (2018 ONSC 6646)
costs — successful — spousal support — proportionality — youngest
Justice P. MacEachern

Niranjan v. Rajaghatta (2018 ONSC 6641)
costs — successful — reasonableness — behaved unreasonably — disclosure
Justice P. MacEachern

Oderkirk v. Oderkirk (2018 ONSC 6594)
spousal support — provisional — variation — income — retirement
Justice P. MacEachern

Rayes v. Dominguez-Cortes (2018 ONSC 6580)
costs — motion — pay — orders — stay
Justice P. MacEachern

Martin v. Watts (2018 ONSC 6566)
matrimonial home — account — joint line of credit — interim disbursements — money
Justice J. Mackinnon

Continue Reading…


Ottawa Blog Roll: October 2018

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

Civil Litigation

“Justice Must be Seen to be Done”–Are LAT Decisions Truly Independent?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Must Condos Grandfather Cannabis Smoking When Adopting a Rule?
– Rodrigue Escayola, Condo Adviser

Smoking Cannabis in Condos is Not a Protected Human Right
– Rodrigue Escayola, Condo Adviser

Changes to the Smoke-Free Act Affecting Condos
– Rodrigue Escayola, Condo Adviser

Cannabis Rules: What Do Condo Owners Think?
– Graeme Macpherson, Condo Adviser

Coming to a Compromise: Condominiums, Cannabis, and Human Rights
– Nancy Houle & Andrea Daly, Davidson Houle Allen LLP

Criminal Law

Indigenous People And The Criminal Justice System: A Book Review
– Anne Marie McElroy, McElroy Law

October 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

With Bill C-75 Liberals Break Three Promises
– Michael Spratt, Abergel Goldstein & Partners LLP

Pot Pardons: My Choice is What I Choose To Do and If I’m Causing No Harm It Shouldn’t Bother You
– Michael Spratt, Abergel Goldstein & Partners LLP.

Kavanagh Confirmation Sows Decades of Judicial Distrust
– Michael Spratt, Abergel Goldstein & Partners LLP

The Liberals are All Vision, No Reform
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Open Letter Re: Bill 47 and Bereavement Leave
– Sean Bawden, Labour Pains

Court Invalidates Working Notice Period – Qualitative Component Absent
– Sean Bawden, Labour Pains

Court Says New Zealand Lamb Company’s Termination Clause Just Plain Baaa-d
– Sean Bawden, Labour Pains

Sweet Revenge: Business Ordered to Pay Children Minimum Wage for Selling Chocolates
– Andrew Vey, Vey Willetts LLP

Hit Rewind: Ford Government Reverses Bill 148 Changes to Ontario Employment Laws
– Paul Willetts, Vey Willetts LLP

Just cause for dismissal: context is key
– Andrew Vey, Vey Willetts LLP

When is Retraining a Reasonable Approach to Mitigating Loss of Employment?
– Paul Willetts, Vey Willetts LLP

Bill 47 – A Step Backward for Workers in Ontario
– Megan Fultz & Amanda Montague-Reinholdt, Raven Law

Addressing the Gender Wage Gap: The Pay Transparency Act
– Karine Dion & Paul Taylor-Sussex, Nelligan O’Brien Payne

Will They Believe Me? Workplace Investigations and Credibility
– Claire Kane Boychuk, Nelligan O’Brien Payne

Entertainment & Sports Law

Concerned about risk? #METOO : A Discussion on Civil Liability, Sports and the #MeToo Movement
– Jahmiah Ferdinand-Hodkin & Scarlett Trazo, Gowling WLG

An Intro to VR Legal Issues
– Edwards PC, Creative Law

Continue Reading…


New Lexis Advance Quicklaw Feature: Practice Areas

If you’re a fan of Lexis Advance Quicklaw for your research, you’ll want to take note of this new feature!

 

When you’re on the Quicklaw homescreen, take note of the new tab under “Explore Content” which directs you to “Practice Area.” By clicking on that tab, you’ll pull up a brand new list of practice areas.

 

This list of 10 practice areas (Construction, Criminal, Employment, Family Immigration, Insurance, Labour, Real Estate, Securities, and Wills, Estates, and Trusts) will lead you to a page that allows you to either browse resources in these areas, or perform a search exclusively in materials related to that practice.

 

In the above example, you can see the “Criminal Law” practice area. Searching in the box at the top will just search Criminal primary law (legislation and decisions), criminal law secondary materials (such as textbooks or the Halsbury’s), and criminal drafting materials.

This is a great new feature that allows you to narrow your research down very quickly and easily. We hope you find it useful on your next research task!


Recently Published Ottawa Decisions

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

Family Matters

De Riso v. Randazzo (2018 ONSC 6378)
mid-week overnight access — costs — parenting — alternating — offer
Justice T. Engelking

Uwitonze v. Mugabarabona (2018 ONSC 6334)
family law litigation — context of the family — application — partition — motion
Justice S. Corthorn

Obregon v. Montgomery (2018 ONSC 6070)
restraining — access — temporary sole custody — supervised — sole custody of the child
Justice P. MacEachern

Gundersen v. Gundersen (2018 ONSC 6009)
garnishment — refiling — refund — income tax — costs
Justice T. Nieckarz

Leelaratna v. Leelaratna (2018 ONSC 5983)
father — therapeutic — counselling — access — child
Justice J. Audet

Casault v. McNally (2018 ONSC 5945)
father — expenses — child support — income — after-tax net childcare costs
Justice P. MacEachern

Civil Matters

Leopold Edwin Siberg v. Bruyère Continuing Care Inc. (2018 ONSC 6460)
motion — hospital — substantial indemnity scale — guardian — costs
Justice C. MacLeod

Daly Square Inc. v. 1786097 Ontario Inc. and Camille Mikhael (2018 ONSC 6404)
mortgage — damage — monitoring probe data — engineer — equitable
Justice H. Williams

Scullion v. Munro (2018 ONSC 6371)
valuation — companies — bonding — catch basin — shareholding
Justice C. Hackland

Continue Reading…