Monthly Archives: June 2018


New Edition Alert: Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition

“Conduct of an Appeal” has been a favourite at this library over the years. So much so that our copies often go missing! When the 4th edition was announced I decided to be proactive and just order two. I hope I won’t need two, but we always have in the past! Better safe than sorry.

Conduct of an Appeal, 4th edition

We’re processing this book right now, but you’ll be able to find it both in Texts and in the Reserve section (at KF 9058 .ZA2 S66 2018) when we’re done. If you’d like to look at it before then, just ask at the front counter!


Recently Published Ottawa Decisions

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

Family Matters

Alcine v. Murray (2018 ONSC 3856)
child — jurisdiction — municipality — habitually resident — motion
Justice S. Kershman

Hilhorst v. Amaral (2018 ONSC 3782)
income — child support — diploma — completes her post-secondary education — enrolled
Justice C. MacLeod

Thomas v. Osika (2018 ONSC 3769)
father — motion — costs — spousal support — parenting
Justice J. Audet

Howard v. Miller (2018 ONSC 3748)
settlement — service of the motion record — pre-judgment interest — dispensing — indemnity
Justice S. Corthorn

Bloom v. Bloom (2018 ONSC 3666)
father — contempt motion — parenting — conference — children
Justice S. Corthorn

Civil Matters

McMurtry v. McMurtry (2018 ONSC 3893)
management conference — revised financial statements — deadline — report — review
Justice S. Corthorn

1550988 Ontario Limited v. Burnford Realty Limited (2018 ONSC 3869)
mini-trial — month-to-month lease — rectification — scratched — mistake
Justice S. Corthorn

Urbisci v. 2388095 Ontario Ltd. (2018 ONSC 3798)
produce audited financial statements — substantial indemnity basis — application — lawyers — backdated
Justice R. Ryan Bell

2496582 Ontario Inc. v. Duca Financial Services (2018 ONSC 3749)
redeem — three-part test — redemption clause — agreement of purchase — injunction
Justice S. Corthorn

Commissioner of Competition v. X (2018 ONSC 3730)
gender-identifying pronoun — redaction — non-publication — indirectly reveal the s identity — draft
Justice L. Ratushny

Knox v. Loblaws Inc. (2018 ONSC 3679)
litigation guardian — motion record — discontinuance — draft — crossclaims
Justice S. Corthorn

Criminal Matters

R. c. Zelman (2018 ONSC 3810)
partialité — acte d accusation — coordinatrice — réouvrir — déclaration finale
Juge M. O’Bonsawin

R v. Ader (2018 ONSC 2351)
hostages — kidnapping for ransom — captivity — hostage-taking — sentence
Justice R. Smith

R. v. Benhsaien (2018 ONSC 3672)
days of pre-sentence custody — dangerous offender — attack — sentence — personality
Justice C. McKinnon

R. v. Liu (2018 ONSC 3721)
jury — parole — character — degree murder — offence
Justice K. Phillips

R. v. McRae (2018 ONSC 3689)
recall — cross-examine — memory gaps — driving — methadone
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3694)
battered — jury — preemptive homicide as self-defence — evidence — expert
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3727)
jury — air of reality test — defence — self-defence — threat
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3743)
deceased — victim’s disposition for violence — aggressor — self-defence — unknown
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3811)
criminal record — jury — credibility — corbett — deceased
Justice R. Beaudoin

Divisional Court Decisions by Ottawa Judges

Jasmine Princivil v. Mogo Financial Inc., Operating as Mogomoney (2018 ONSC 3916)
overriding error — palpable — amount — disbursements — standard of review
Justice M. O’Bonsawin

Court of Appeal Decisions of Local Interest

R. v. Barkhadle (2018 ONCA 569)
evidence — gun — officer — tackled — apartment
Justices C. W. Hourigan, G. Pardu, and I. Nordheimer

R. c. F.R. (2018 ONCA 568)
dix-huit ans — renseignement qui permettrait d établir — paix qui préside — diffuser — infraction
Les juges A. Hoy, P. Rouleau, et M. Benotto

McPeake v. Cadesky & Associates (2018 ONCA 554)
family trust — motion — standard of care — expert evidence — professional negligence
Justices R. Juriansz, M. Benotto, and J. M. Fairburn


#ThrowbackThursday: Demolition Before and After

Our apologies for the radio silence on Robeside Assistance this last week or so. We have been *busy* moving back into the Library, and we’re very happy to say that we’re almost ready to open up!

Before:

You’ll certainly remember our old front desk and reception area. This was the first view when you got around the corner, and where the library staff worked. That make-shift wall constructed out of bookshelves served us well, but it was definitely time for a change!

After:

You didn’t think I was going to give that away so easily, did you?! Here’s a mere fuzzy glimpse. You can see the real thing next week!

A few notes on when we open:

  • There are still a few little finishes and tweaks before the space is done done. You’ll still love the space anyways – trust us.
  • We’re only going to have a few computers available, and almost no new furniture, so bear with us! The new stuff (which is really nice and comfortable!) will be here in just a few weeks.
  • We’re shifting our hours a tiny bit, so if you want to talk to any of us in person, we’ll only be here until 4:30 (not 5:00, as it was before).
  • The lounge is still closed, and will be until the fall. We think you’ll be ready for the wait when you see how nicely the library turned out.

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!