Yearly Archives: 2018


Recently Published Ottawa Decisions

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

Family Matters

Veres v. Veres (2018 ONSC 3497)
husband — wife — income — spousal support — equalized
Justice Timothy Minnema

Lavictoire v. Lavictoire (2018 ONSC 3455)
income — arrears of spousal support — children — separation — midrange
Justice Mark Shelston

Alazari v. Al Rubaie (2018 ONSC 3433)
child support — impute income — nil — business — intentionally
Justice Engelking

Vincellette v. Dupuis (2018 ONSC 3425)
children — best interests — school — custody — parenting
Justice Marc R. Labrosse

Benkhe v Needham (2018 ONSC 3309)
vesting — share of post-separation expenses — deficit — jointly-owned home — costs
Justice Martin James

Oschisor v. Oschisor (2018 ONSC 3306)
spousal support — child support — matrimonial home — income tax returns — midrange
Justice Shelston

Civil Matters

Unifor, Local 1688 v. The City of Ottawa (2018 ONSC 3377)
taxi industry — drivers — regulatory — level playing field — tab
Justice Linhares de Sousa

Merchant v. Mehta (2018 ONSC 3632)
funds — invested — personal loan — interest — cash
Justice C.T. Hackland

McLaughlin v. Maynard (2018 ONSC 3605)
malice — summary — motion — defamation — risk of duplicative proceedings
Justice R. Ryan Bell

Vision Air Conditioning and Heating Corporation v. Golden Dragon Ho Inc. (2018 ONSC 3520)
owner — corporation — funds — impressed with a trust — contractor
Justice Calum MacLeod

Peternel v. Custom Granite & Marble Ltd. (2018 ONSC 3508)
childcare — daycare — work — maternity leave — countertops
Justice Sheard

Norgren v. Plasma Power LLC (2018 ONSC 3186)
offers for employment — indefinite term — timeout — group of companies — accrued vacation
Justice Marc R. Labrosse

Commissioner of Competition v. X (2018 ONSC 3374)
edits — public — price-fixing — non-publication — innocent person
Justice Ratushny

Kerr v. Oz Optics LTD. (2018 ONSC 3365)
constructive dismissal — genuine issue requiring — summary — employee loan agreement — merchandising v professional soccer league
Justice Robert L. Maranger

Criminal Matters

R. v. Yaali (2018 ONSC 3045)
victim — townhouse — handgun — manslaughter — moral culpability
Justice Ratushny

R. v. D.D. (2018 ONSC 3305)
text messages — knife — intercourse — beyond a reasonable doubt — evidence
Justice Ryan Bell

Court of Appeal Decisions of Local Interest

R. v. Ismail (2018 ONCA 543)
pursuer — handgun — recycling bin — sentence — fresh evidence
Justices Pepall, Hourigan and Nordheimer

Huang v. Fraser Hillary’s Limited (2018 ONCA 527)
remediation — nuisance — foreseeability — properties — contamination
Justices Hourigan, Benotto and Fairburn

Tremblay v. Ottawa (Police Services Board) (2018 ONCA 497)
public safety firearms warrant — police — gunshots — grounds to arrest — standard of care
Justices C.J.O. Strathy, Juriansz and Huscroft

Prescott & Russell (United Counties) v. David S. Laflamme Construction Inc. (2018 ONCA 495)
motion — limitation period — interlocutory — adding — expired
Justices Doherty, LaForme and Himel (ad hoc)

McPeake v. Cadesky & Associates (2018 ONCA 500)
cross-respondent — abandoned — fixed — reported — cross-respondents
Justices Juriansz, Benotto and Fairburn


Ottawa Blog Roll: May 2018

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

Civil Litigation

Taking them at their word? The validity of verbal contracts
– Shauna Cant, Mann Lawyers LLP

What Is Being Done About Driver Inattention in Ontario?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

What do Condo Owners Think of Marijuana Legalization?
– Rodrigue Escayola, Condo Adviser

Mandatory Residential Tenancy Agreement Arriving for Residential Tenancies in Condominiums
– David Lu & Victoria Crane, Davidson Houle Allen LLP

The New and “Improved” Condo Proxy is Out!
– Rodrigue Escayola, Condo Adviser

The New(est) Proxy Form
– Christy Allen, Davidson Houle Allen LLP

Provincial Elections: What Are the Rules on Canvassing in Condos?
– Jocelyn Duquette, Condo Adviser

Improved rules to vehicle charging incentive programs in condos
– Merovitz Potechin LLP

Criminal Law

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

Fit For The Pen
– Louise Tansey, Mack’s Criminal Law

Failing To Provide The Necessary Jury Instruction
– Louise Tansey, Mack’s Criminal Law

MCLNugget: Colling SCC
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Groia SCC
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Wong SCC
– Dallas Mack, Mack’s Criminal Law

Corporate Get Out of Jail Free Card Buried in Omnibus Bill
– Michael Spratt, Abergel Goldstein & Partners LLP

Diab: A Broken Extradition System
– Michael Spratt, Abergel Goldstein & Partners LLP

Continue Reading…


Related Proceedings on WestlawNext Canada

We’re happy to highlight a very useful feature that has sneakily been added to WestlawNext Canada for a couple months now: related proceedings! You’re likely familiar with the usual case history chart that you can access through the “History” tab on a case, but what you may not have noticed is an extra link detailing the related proceedings.

As you can see in the screenshot below, in the left-hand bar there are the two case histories listed under Direct History, but underneath that is now a link to the Related Proceedings for the case.

 

Clicking on that link brings up a whole new document, detailing and linking to both the direct history and to any related proceedings (applications, interlocutory motions, etc.)  that are available for the case. It lists them in chronological order, as you can see below, so it can be quite helpful when dealing with complicated matters that span multiple years!

 

Related Proceedings summaries such as this have currently been added for Federal, Ontario, PEI, and New Brunswick jurisdictions. You can check the status of the other provinces at their press release here, which Thomson Reuters is updating as content is added.

WestlawNext Canada is available for use on all our library computers, or as always, feel free to get in touch with us if you need something specific!

 


#ThrowbackThursday: GCTC / CCLA Lawyer Play 2008

The 2018 GCTC / CCLA Lawyer play starts next week (previews are sold out!), so we’re looking back in today’s #TBT to the 2008 play. When I first started working at the CCLA, I was surprised to hear there was a lawyer play (or lawyer bands, or anything artistic really!). The lawyer play is a long tradition, however, with proceeds going to 18 different charities over the years. This year, the play is “Rule of Three” (by Agatha Christie!), and the charity partner is Tungasuvvingat Inuit.

Back in 2008, the play was “Inherit the Wind.” I love the poster for this!


Recently Published Ottawa Decisions

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

Family Matters

Stow v. Davidson (2018 ONSC 3274)
costs — amount — expense — behaviour — offer
Justice D. Summers

Giles v. Bourget (2018 ONSC 3220)
child support — retroactive — income — pay — school
Justice D. Summers

Pygas v. Brown (2018 ONSC 3178)
arrears of child support — adjustment — actual income
Justice S. Corthorn

Crump v. Crump (2018 ONSC 3191)
costs — minor child of the marriage — offer — success — payment
Justice D. Summers

Tzvetkova v. Petrova (2018 ONSC 2899)
grandparent — access — uncle — child — father
Justice R. Maranger

Martin v. Watts (2018 ONSC 3133)
motion — fresh evidence — mortgage — costs — disclosure
Justice C. MacLeod

Nafar-Ross v. Raahemi (2018 ONSC 3054)
post-secondary education — child support — expenses — university — amount
Justice P. Roger

Civil Matters

A.D. Metro v. DW Digital Wireless LP (2018 ONSC 3259)
touchscreen failures — bad batches — email — defective touchscreens — customers
Justice H. Williams

O’Brien v. McGilvray (2018 ONSC 3197)
costs — property — student-at-law — amount — net proceeds
Justice R. Ryan Bell

Ariss v. NORR Limited Architects & Engineers (2018 ONSC 3157)
motion — partial indemnity basis — full-time to part-time hours — entitled — deviate from the costs consequences
Justice S. Corthorn

A.B. v. Waite (2018 ONSC 3155)
costs — offers to settle — net — partial indemnity — offer
Justice C. MacLeod

Ahmad v. Allstate Insurance (2018 ONSC 3110)
designation as catastrophically impaired — settlement — treating psychologist — approval — application for designation as catastrophically
Justice S. Corthorn

Carr v. Ottawa Police Services Board (2018 ONSC 3094)
pre-judgment interest — junior — indemnity — senior — costs
Justice S. Corthorn

Eliot Shore v. Capital Sports Properties Inc. (2018 ONSC 3064)
without leave to amend — allegations — police — pleading — force
Justice M. O’Bonsawin

Mahmood Wali Mahmad v. Ottawa Police Services Board (2018 ONSC 3063)
allegations — breaching individuals — police — struck without leave to amend — pleading
Justice M. O’Bonsawin

Criminal Matters

R v. Ravindra (2018 ONSC 3200)
stops — articulable — pretense — random — check
Justice C. Hackland

R. v. Jahangiri and Jahangiri (2018 ONSC 3037)
package — text messages — conspiracy to import opium — circumstantial evidence — delivery
Justice M. Labrosse

Court of Appeal Decisions of Local Interest

R. v. Inksetter (2018 ONCA 474)
possession of child pornography — images — sentence — deterrence — probation
Justices A. Hoy, J. MacFarland, and L. Roberts

Design Filtration Microzone Inc. v. Cunningham (2018 ONCA 468)
bonus — renews — interfere with the motion — notice period — discretionary
Justices A. Hoy, D. Brown, and G. Trotter

R. v. Lawrence (2018 ONCA 464)
ear — bitten — simmer — bite — drinking
Justices D. Doherty, G. Epstein, and S. Pepall

R. v. Hungwe (2018 ONCA 456)
triers — jury — juror — ex-girlfriend — cousins
Justices H. LaForme, D. Watt, and I. Nordheimer


CALL / ACBD 2018 Preview

Brenda and I are heading off to the Canadian Association of Law Libraries (CALL) conference in Halifax this weekend, and as always, are very much looking forward to it. The theme this year is “Build Bridges / Broaden Our Reach,” a sentiment that resonates with our library and our drive to do more and work with more people. The CALL conference is an excellent opportunity for us to meet and learn from our colleagues across the country, and this year, we’ll both be contributing to the programming! Here are some of the upcoming topics:

Knowledge is Power: The Role of Law Librarians in the Future Legal Market 

Law is becoming a buyer’s market. Armed with unprecedented access to industry data, clients are ready to forge a new relationship with law firms, which themselves are facing competition from alternative legal services providers while coping with shrinking retainers and internal succession crises. In this time of upheaval, many old assumptions are falling away, and new approaches to the business of law are emerging.

In the coming years, law firms will generate revenue from a diverse range of sources — including technology-driven products and the contributions of skilled “non-lawyers” — rather than from the billable efforts of lawyers alone. The critical elements in these new offerings will be knowledge, data and information — and that will make law librarians and legal knowledge managers some of the most important people in the legal world.

Jordan Furlong, a leading legal market analyst and industry consultant, will explain the forces that have brought about such widespread change in the law, describe the key features of both tomorrow’s clients and tomorrow’s law firms, and share his insights and forecasts about the role that law librarians and legal knowledge managers will play in the law firms of the future.

Competitive Intelligence & Government Docs: Find, Use & Create Actionable Intelligence

Locating and analyzing government information can be a daunting and convoluted task, however honing these skills can give you an edge in conducting competitive intelligence (CI) and business research for lawyers and their clients. Among other things, government information can be used to:

  • Keep lawyers and clients abreast of regulatory and legislative changes,
  • Gather intel on clients and client competitors, and
  • Provide data for benchmarking and forecasting.

This hands-on session will present a few case studies- employing analytical CI frameworks and government information to create actionable intelligence. A variety of government information including regulatory changes, access to information requests, parliamentary, and ministerial/departmental information will be covered. Attendees will leave this session with an understanding of basic CI frameworks, how to locate a variety of government information, and how to combine these to create actionable intelligence.

The Crown, The Copyright, and The Law

November 7, 2017 marked five years since the 2012 Copyright Modernization Act was implemented, a point by which a review of the Act is mandated. Surrounding months have seen wide discussion of Canada’s copyright regime. Librarian Amanda Wakaruk launched ePetition E-1116, a laudable attempt to assure availability of government publications. Digging deeper, there is a plausible argument that with respect to primary law of Canada – legislation and case law – Crown copyright, or indeed copyright protection generally, has never subsisted, nor should it.

This session will pursue an analysis of Canadian copyright legislation, judicial interpretation, theory, and comparative law including Indigenous law, to elucidate the contention that primary law is a copyright-free zone in this country and should be formally recognized as such. The session will also explore the possibilities and implications that might arise from such recognition, particularly for wide publication of open primary law and creative opportunities.

As I mentioned above, Brenda and I will also be presenting this year. Brenda will be leading a session on the super useful website Canva, which allows you to make really nice graphics without being a designer, while I’ll be giving a lightning talk on our Will Check program. It’s going to be a busy, but undoubtedly excellent, conference!


#ThrowbackThursday: Demolition Before and After

We are getting SO CLOSE to the renovation of the library side of our space being complete! For a project that has taken so many years to get going, that we’re a few weeks away from the new library side of the space is pretty unbelievable. I went in for some recent photos, and lined up a before and after. This week we’ve had flooring installed (as well as some other major milestones, but I won’t spoil the surprise on that!).

Before:

Continue Reading…


Recently Published Ottawa Decisions

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

Family Matters

Boutros v. Kanaan (2018 ONSC 2805)
child support — income — separation agreement — expenses — application
Justice T. Engelking

Pinate v. Rodriguez (2018 ONSC 2771)
child — father — access — uncontested — custody
Justice J. Audet

Jordan v. Beauchamp-Kiss (2018 ONSC 2677)
easement — parking — park — property — owners
Justice A. Doyle

N.H. v. J.H. (2018 ONSC 2658)
parents — father — disclosure — sessions with the children — psychologist
Justice J. Audet

Civil Matters

Fuego Digital Media Inc. v. DAC Group (Holdings) Limited (2018 ONSC 2897)
arbitrator — software — tab — adjournment — draft
Justice J. Parfett

Gatling-Coquelet v. Allan (2018 ONSC 2889)
assessment process — costs — fees — assessment officer — discounted
Justice S. Gomery

Ridley Estate v. Eagan (2018 ONSC 2777)
monies — endorsement — motion — wrongdoing — application
Justice S. Corthorn

Dunn v. TD Waterhouse (2018 ONSC 2776)
non-parties who may be entitled — nominal — victims — monies paid — members of the class
Justice S. Corthorn

Tam v. Arlotta (2018 ONSC 2832)
line of credit — business — debt — franchise — loan
Justice S. Gomery

Cuconato v. Parker Auto Care Ltd. (2018 ONSC 2803)
sexually explicit gesture — dismissal — employment — mitigation — misconduct
Justice R. Ryan Bell

Urbisci v. 2388095 Ontario Ltd. (2018 ONSC 2678)
audited financial statements — shares — prima facie case of oppression — corporation — inspector
Justice R. Ryan Bell

1351150 Ontario Inc. et al v. The Corporation of the Town of Hawkesbury (2018 ONSC 2631)
financial statements — supplementary affidavit of documents — damages brief — re-attend at examination for discovery — cross-motion
Master M. Fortier

Patterson v. Peladeau (2018 ONSC 2625)
jury — mistrial — correcting charge — parked — jurors
Justice C.T. Hackland

Criminal Matters

R. v. Barra and Govindia (2018 ONSC 2659)
bribe — conspiracy — offence — obtain the contract — extradition
Justice R. Smith

R. v. M.D. (2018 ONSC 2792)
offender — sexual assault — sentence — probation — victim
Justice C. MacLeod

Divisional Court Decisions from Ottawa Judges

Helmer v. Belairdirect Insurance Company (2018 ONSC 2888)
accident — services — injured — attendant care benefits — interpretation
Justices C. Horkins, B. Conway, and C. MacLeod

Sarangan v. Morguard Nar Canada Limited Partnership (2018 ONSC 2864)
humid conditions in the unit — hot — tenancy — mould in the unit — tropical
Justices C. Horkins, B. Conway, and C. MacLeod

AACR Inc. v. Lixo Investments Limited (2018 ONSC 2774)
motion judge erred — unjust enrichment — quantum meruit — costs — contract
Justices K. Swinton, H. Sachs, and S. Corthorn

MacKay v. Thomas (2018 ONSC 2935)
procedural fairness — prejudice — duty of fair representation — alleged — coercion
Justices C. Horkins, B. Conway, and C. MacLeod

Court of Appeal Decisions of Local Interest

Caron c. Perrier (2018 ONCA 422)
ordonnances — fraude — compétence — outrage — prétend
Les juges P. Rouleau, K. van Rensburg, et G. Pardu

Caron c. Perrier (2018 ONCA 423)
aujourd hui — motion — jca — permettons — questionnait
Les juges P. Rouleau, K. van Rensburg, et G. Pardu


Newly Received Materials from LSO 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.

Estate accounting 2018 (January 15, 2018)

  • What your accountant needs to prepare proper accounts / Carla M. Preece
  • Common pitfalls in preparing accounts & how to avoid them / Corina S. Weigl
  • Passing of accounts : the children’s lawyer’s perspective / Susan J. Stamm, Katherine Antonacopoulos
  • Recent trends in passing of accounts : what are the courts saying, including on compensation? / Lisa S. Toner

The six-minute commercial leasing lawyer 2018 (February 15, 2018)

  • Bankruptcy / insolvency : the basics for leasing professionals / Linda Galessiere
  • Don’t get boxed in : re-evaluating a co-tenancy clause and the need for flexibility / Sunita Mahant, Katherine Garretto, Daniel Minuk
  • Redevelopment of leased lands : the public law versus private law perspectives / Jason Park, Samantha Lampert
  • How to anticipate noise and other by-law issues / Kate Lyons
  • Leasing to cannabis businesses : how to avoid a bad trip / Marco Gammone, Daniel Everall

The six-minute administrative lawyer 2018 (March 1, 2018)

  • The Divisional Court / Julie Thorburn
  • Reasonableness, correctness, let’s call the whole thing off : the standards of review / Andrew Pinto
  • The rules of natural justice, bifurcated hearings and differently constituted panels : the MRS saga / Brian Gover, Lindsay Board
  • Administrative law in the Supreme Court of Canada : (recent) past, present & future / Thomas Slade

The six-minute criminal lawyer 2018 (April 14, 2018)

  • Back to basics : bail in the aftermath of R. v. Antic / Amber Pashuk
  • What does an accused need to know in order to plead guilty? Waiting for R. v. Wong and the significance of collateral consequences / Gillian Roberts
  • When can judges fix things? / Steve Coroza, Humera Jabir
  • Parity in sentencing : comparing apples to oranges / Alana Page
  • Limits on Crown advocacy? / Howard Leibovich