Monthly Archives: July 2018


Translated Family Law Forms

We have a lot of forms and valuable practice information available on our Family Law Practice Portal; we’re pleased to work with the AJEFO in order to provide newly-translated versions of the following Family Law documents:

  • Most Common Errors When Drafting a Court Order in Accordance with an Endorsement (English / French)
  • Case Conference Template (English / French)
  • Emergency Motions (without notice) under Rule 14(12) – A Guide (English / French)
  • Standard Terms for Family Court Orders (English / French)
  • Confidential Application for Integrated Family and Criminal Court (IFCC) (English / French)

 


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.

Motor Vehicle Litigation Summit 2018 ( March 26-27, 2018)

  • Should privacy matter to car crash lawyers? PIPEDA, the LAT and torts / R. Lee Akazaki
  • Distracted driving : the burden of proof / Russell Brownlee
  • Marijuana regulation : the science of intoxication / Michael R. Corbett
  • Surveillance : a step by step guide – post Iannarella v. Corbett / Allison Burrison, Krystal Leonov, Daniel Strigberger
  • Driverless cars : the future of transportation and its impact on motor vehicle litigation / Charles Gluckstein, Jessica Golosk

Wills and Estates Refresher 2018 (March 28, 2018)

  • The initial meeting and instructions / Mary-Alice Thompson
  • Obligations of the solicitor and the estate planning retainer with husband and wife / Ian Hull
  • Drafting protection of trustees / Jordin Atin
  • Don’t send out a will for execution by a client alone / Rodney Hull

12th Annual Family Law Summit (April 9-10, 2018)

  • E-evidence in family law / Heather Hansen, Jonathan Robinson
  • Cases of the year 2017 / Philip M. Epstein
  • Parental relocation : a call for Canada-wide legislative change / Fareen L. Jamal, Lawrence Pinsky, John-Paul Boyd
  • The year in spousal support : appeals, material changes and more / Rollie Thompson
  • Things to consider when dealing with interim property issues / Raymond A. Goddard, Janice Ho

8th Annual Business Law Summit (May 2, 2018)

  • Commercial law update / Jennifer Babe
  • Can gifted shares be kept of net family property on marriage breakdown? / Joshua D. Wynn, Murray Gottheil
  • Update on the taxation of Canadian private corporations and their shareholders / Kevin Fritz
  • Co-operative corporations : what are they? How are they created? How do they operate? / Ian Shewan
  • The business of cannabis / Margaret Nelligan

Recently Published Ottawa Decisions

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

Family Matters

Maan v. Poirier (2018 ONSC 4348)
contempt — behaved unreasonably — hair follicle — motion — costs
Justice D. Summers

Kwan v. Doherty (2018 ONSC 4413)
five-day period — parenting time — father — camp — jiu-jitsu
Justice S. Corthorn

Kucharski v. Daghistani (2018 ONSC 4297)
father — nanny — will — motion — child
Justice A. Doyle

Sawma v. Zeidan (2018 ONSC 4319)
car-related expenses — agreed-to gross income figures — income for child support purposes — business expenses — evidence
Justice H. Williams

Civil Matters

Greenough v. Maple Ridge Media Inc. (2018 ONSC 4429)
costs — radiant floor heating system — pre-judgment interest — remediation — indemnity
Justice S. Gomery

Donleavy v. Ultramar Ltd. (2018 ONSC 4270)
pre-judgment interest — general non-pecuniary damages — crossclaim — subrogated — post-judgment interest
Justice S. Corthorn

Continue Reading…


#ThrowbackThursday: Renovations Before and After

While our new space is beautiful and a huge upgrade on the old library, I think the number one question is “Is this still a bathroom?” with a jiggling of the handle of the door next to the main entrance. Runner up questions include “Is there a washroom here?” and “Where is the washroom?” Sensing a theme, here’s a before and after (and a work-in-progress) shot for you on the state of our washroom!

Before

These are the rooms everyone is looking for! Immediately to the right when you walked into the library, these trusty washrooms served us all for decades.

After

This door is what you’ll see in that place now! It’s actually a new door (all of the doors in this space were no longer to code, so this one is a bit wider than previously), and it’s not the entrance to a washroom at all. This is our new IT room – the IT room was previously an office that was on a window. What a waste of a window!

Right Now

So to answer the earlier questions about where a bathroom will be, here’s a recent picture from the Phase 2 construction area. The new washroom will be in the lounge, and for the moment is simply a red outline on a brick wall. In the old library set-up, we used to have a rather large room sitting in the middle of our space that had nothing in it but a piece of decommissioned air conditioning equipment. Occasionally an awful smell would come out of the room and the building would open the door to investigate, but other than that the room was pretty well abandoned! We asked for this space to be included in the renovation, and it’s now being turned into a nice, new, clean, and accessible washroom. This picture gives the impression that this is some hobbit-sized door, but it’s definitely not! The ceiling is currently removed in the entire area, so it’s a bit of an optical illusion. When the ceiling is back up, it won’t look quite so pint-sized.


New Titles – July 2018

Alongside the newly renovated library, we’ve made sure to have a bunch of brand new books! The massive list below contains new editions of popular titles and completely new titles from a variety of practice areas. With new books and a beautiful new library, you have plenty of reasons to come for a visit!

The 2018 Annotated Bankruptcy and Insolvency Act (Thomson Reuters)

The 2018-2019 Annotated Contraventions Act (Thomson Reuters)

2018 GST Memoranda, Bulletins, Policies & Info Sheets, 25th Ed. (Thomson Reuters)

Administrative Law in Practice: Principles and Advocacy (Emond Publishing)

The Annotated Statutory Accident Benefits Schedule, 2018/2019 Ed. (LexisNexis)

Behind and Beyond Boilerplate: Drafting Commercial Agreements, Fourth Ed. (Thomson Reuters)

Canadian Contract Law, 4th Ed. (LexisNexis)

Canadian Guide to Uniform Legal Citation, 9th Ed. (Thomson Reuters)

The Canadian Law of Obligations: Private Law for the 21st Century and Beyond (LexisNexis)

Conduct of an Appeal, 4th Ed. (LexisNexis)

Criminal Law for Legal Professionals, 2nd Ed. (Emond Publishing)

Defending Drinking and Driving Cases 2018 (Thomson Reuters)

Family Law: Practice and Procedure, 5th Ed. (Emond Publishing)

A Guide to Practice and Procedure in the Ontario Small Claims Court (LexisNexis)

Handling Provincial Offence Cases in Ontario 2018 (Thomson Reuters)

Indigenous People and the Criminal Justice System (Emond Publishing)

The Law of Traffic Offences, 4th Ed. (Thomson Reuters)

Legal and Legislative Drafting, 2nd Ed. (LexisNexis)

Legal Liability of Doctors and Hospitals in Canada, 5th Ed. (Thomson Reuters)

Litigating Competition Law in Canada (LexisNexis)

Martin’s Related Criminal Statutes, 2018-2019 Ed. (Thomson Reuters)

Mistake in Contracting (LexisNexis)

Ontario Annual Practice 2018-2019 Ed. (Thomson Reuters)

Ontario Municipal Legislation 2018 (Thomson Reuters)

Ontario Planning Legislation 2018 (Thomson Reuters)

Ontario Workplace Safety and Insurance Act & Commentary, 2018/2019 Ed. (LexisNexis)

Personal Injury Damages, 2018 Ed. (LexisNexis)

Practitioner’s Goods and Services Tax Annotated with Harmonized Sales Tax 2018, 37th Ed. (Thomson Reuters)

Practitioner’s Ontario Taxes Annotated 2018, Spring Ed. (Thomson Reuters)

Social Media and Internet Law – Forms and Precedents, 2nd Ed. (LexisNexis)

Social Media and Privacy Law for Employers – Hiring, Firing and Managing Reputation (LexisNexis)

Termination of Employment (Emond Publishing)

The Trial of Sexual Offence Cases, Second Ed. (Thomson Reuters)

Watt’s Manual of Criminal Evidence 2018 (Thomson Reuters)


Recently Published Ottawa Decisions

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

Family Matters

Nafar-Ross v. Raahemi (2018 ONSC 4112)
costs — motion — child — successful — expectations
Justice P. Roger

Piacenti v. Thomson (2018 ONSC 4108)
access — matrimonial home — school — child support — income
Justice R. Ryan Bell

Pitre v. Lalande (2018 ONSC 3985)
post-judgment interest rate — father — arrears — post-judgment interest rates — accrue as of the date
Justice S. Corthorn

Mancini v. Mancini (2018 ONSC 3970)
income — bad faith — spousal support — motion — billable
Justice M. Shelston

A.Z. v. H. (2018 ONSC 3968)
costs — child support — arrears — equalization — full recovery
Justice T. Engelking

Kruschenske v. Kruschenske (2018 ONSC 3956)
father — children — second weekend — boys — overnight access
Justice P. Kane

Children’s Aid Society of Ottawa v. K.F. (2018 ONSC 3905)
paternal grandparents — children — half-siblings — motion for summary — custody
Justice S. Corthorn

Civil Matters

Leopold Edwin Siberg v. Bruyère Continuing Care Inc. (2018 ONSC 4235)
hospital — injunction — care — video — cameras
Justice C. MacLeod

Continue Reading…


Ottawa Blog Roll: June 2018

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

Condominium Law

Turning a New Leaf: The Impact of the Cannabis Act on Condominiums
– Melinda Andrews, Davidson Houle Allen LLP

The Role Of The Meeting Chair
– James Davidson, Davidson Houle Allen LLP

Who Can Rely On A Status Certificate?
– James Davidson, Davidson Houle Allen LLP

Marijuana Is Close To Legalization In Canada: What Does This Mean For Ontario Condominiums?
– Melinda Andrews, Davidson Houle Allen LLP

Corporate Commercial Law

Court Overturns Decision and Rules that Promissory Note is a Security
– Paul Franco, Mann Lawyers LLP

Cannabis Legalization and Regulation- a comprehensive look at the Cannabis Act
– Mark Asfar, Momentum Law

Criminal Law

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

Dear Doug Ford…
– Michael Spratt, Abergel Goldstein & Partners LLP

MCLNugget: Notaro ONCA
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Burke NLCA
– Dallas Mack, Mack’s Criminal Law

MCLNugget: WDAZ
– Dallas Mack, Mack’s Criminal Law

Employment & Labour Law

Sober, Safe and Productive Workplaces: Managing the Legalization of Recreational Marijuana
– Paul Willetts, Vey Willetts LLP

Keep the Receipts: Dismissed Employee awarded $45,000 for job search expenses
– Paul Willetts, Vey Willetts LLP

Holidays on Sunday
– Sean Bawden, Labour Pains

Under Arrest and Suddenly Unemployed: The Intersection of Criminal Law and Employment Law
– Sean Bawden, Labour Pains

Agreement to Provide Greater of Set Amount and ESA Minimums Legally Binding: ONCA
– Sean Bawden, Labour Pains

Employers’ Vicarious Liability for Sexual Assault
– Sean Bawden, Labour Pains

Entertainment Law

Broadcasters obtain injunction in bid to stem “emerging trend” of pre-loaded set-top boxes
– Margot Patterson, Entertainment & Media Law Signal

Family Law

Proposed Changes to the Divorce Act, Part 1
– Jennifer Reynolds, Fresh Legal

Proposed Changes to the Divorce Act, Part 2
– Jennifer Reynolds, Fresh Legal

Food & Beverage Law

Breaking: Canadian Food Inspection Agency publishes Safe Food for Canadians Regulations
– Lewis Retik, Gowling WLG

Indigenous Law

Marijuana In First Nations Communities – What Law Will Apply?
– Stéphane Sérafin & Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

Shire Defends Canadian VYVANSE® Patent against Apotex’s Impeachment Attacks
– Alexander Camenzind, Gowling WLG

Prior rights and registered intellectual property
– Multiple Authors, Gowling WLG

Unsettling Comments from the Ontario Courts re the Settled Law of Trademarks and Parallel Importation
– Howard Knopf, Excess Copyright

Security Law

Killing Canadians: Targeted Killing is No Longer Theoretical for Canada
– Craig Forcese, National Security Law

Trade Law

Last Call: Supreme Court Limits Interprovincial Trade in Alcohol 
– John Siwiec & Trent McBain, Perley-Robertson, Hill & McDougall LLP/s.r.l.

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!


Information for 2018-2019 Articling Students

The CCLA is happy to welcome all of Ottawa’s new articling students for the 2018-2019 articling year! In this post, we’ve put together information for new students about library and other association services to hopefully assist you over the next year.

CCLA Library and Research Assistance Services

The CCLA is currently in the middle of a large renovation project. While it is expected to be completed this fall, we are unable to currently offer a Lounge in the courthouse. We are, however, very excited to share our new Library space with you. Located on the main (2nd) floor of the Courthouse, you can find us across from Courtroom 23. We’re staffed Monday to Friday, 8:30 AM to 4:30 PM. You can also get in touch with us by email.So what do we have? How can we help? Here’s a rundown for you:Our library collection includes:

  • WestlawNext Canada and Lexis Advance Quicklaw, free in-Library use
  • JustisOne and ICLR Online, for British and other commonwealth case law, for in-Library use
  • DivorceMate, for those working in family law
  • Thomson Reuters ProView, for online books, free in-Library use
  • Wide variety of print resources covering almost all subject areas
  • Extensive legislative print collection, including City of Ottawa by-laws

Our services include:

  • Case retrieval
  • Assistance formulating a research plan or suggesting which resources you may want to look at
  • Legislative research help
  • Assistance with Quicklaw and Westlaw use
  • Forms and precedents retrieval

The library is also equipped with computers, printer/copiers, a fax machine, and scanning facilities, so if you need to do any of those while in the courthouse or during your research, we’re here! There is a charge for printing and faxing services, so speak with a CCLA Library staff member for more details on that. We’re a cash-less facility, but we accept Visa, Mastercard, American Express, debit, and firm accounts.

Finally, CCLA members have access to free WiFi in the courthouse. Stop by the front desk of the Library for more details.

The most important thing to remember? We’re here to help!

Tours of the CCLA Library

If you would like a tour of the library, please get in touch and we will work to accommodate you or your group.

Additional Information

CCLA student memberships are available for your articling term! You do not need to be a member to use the CCLA Library, but you will need to be a member should you wish to access the library after hours. It also provides discounts at great member partners, offers discounted rates for CCLA programming, and connects you to our great local legal community. You can register online, or get in contact with our Membership Services Assistant, Sonia Morin.

The CCLA has a great weekly e-newsletter that is completely free and not connected to a membership. Every Wednesday, you’ll get a listing of all the freshest job postings, upcoming CPD, and other news of interest to the legal community. Please sign up for this here. You can modify your subscription preferences at any time.

Finally, follow us on Twitter! We’re also on Facebook and LinkedIn, if that’s more your speed.