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Recently Published Ottawa Decisions

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

Family Matters

Hall v. He (2013 ONSC 1843)
father — school — child — parent — unaccompanied
Justice P. Kane

Soschin v. Tabatchnik (2013 ONSC 1707)
condominium — spousal support — agreement — eleven — after-tax benefit
Justice J. Mackinnon

Loeb v. Loeb (2013 ONSC 1730)
income — corporations — father — brothers — information
Justice P. Kane

Lalonde v. Moore (2013 ONSC 1816)
behaved — costs — entail — grounded — overly
Justice M. Linhares de Sousa

Eddy (Smith) v. Smith (2013 ONSC 1804)
children — piano — spousal support — interim — employment
Justice P. Kane

Martin v. Hanoski (2013 ONSC 1711)
best interests of the children — recommendations — bias — assessor — patriae
Justice J. McNamara

Mason v. Mason (2013 ONSC 1783)
spousal support — motion — costs — retroactive — argues
Justice S. Kershman

Sabourin v. Champagne (2013 ONSC 1147)
child support — access — arrears — mortgage — expenses
Justice S. Kershman

Civil Matters

Asselin v. McDougall (2013 ONSC 1716)
defamatory — videos — comments — posted — publication
Jusitce G. Toscano Roccamo

Goulding v. Street Motor Sales (2013 ONSC 1904)
costs — wrongful dismissal — inducement — damages — offer
Justice R. Beaudoin

OVG Inc. (Re) (2013 ONSC 1794)
debtor — financing — facility — creditors — drawdown
Justice S. Kershman

Roy c. CSPAAT (2013 ONSC 1784)
politiques — compétence légale — poursuite — voie — révision judiciaire
Justice R. Beaudoin

Evelyn Geraldine Matthews (Re) (2013 ONSC 1700)
mortgage — fraudulent misrepresentation — false pretences — proposal — debt
Justice S. Kershman

Elwood-James v. Jason Flick et al (2013 ONSC 1958)
prejudice — mediation — timeline — dismissal — motion
Master P. Roger

Kaymar Rehabilitation v. Champlain CCAC (2013 ONSC 1754)
litigation privilege — e-mail — documents — produced — solicitor client privilege
Master C. Macleod

Leone v. Scaffidi (2013 ONSC 1849)
jurisdiction — estate — forum — succession application — equal shares
Justice L. Ratushny

Criminal Matters

R. v. K.O. (2013 ONSC 955)
sexual assault — dangerous offender — rape
Justice C. McKinnon

R. v. Serré (2013 ONSC 1732)
sentence — offender — breach of trust — immigration — fraud
Justice C. Aitken

R. v. Warsame (2013 ONSC 1885)
police — detention — males — park — walk away
Justice L. Ratushny

R. v. Philippeaux (2013 ONSC 1852)
evidence — assault — credibility — raise a reasonable doubt — burden of proof
Justice L. Ratushny

 


New Titles – September 2010

By Jennifer Walker

We’ve continued to receive many new 2011 editions of popular titles this month. As of today, I believe all of the new Criminal Codes and civil practice guides are in, as well as a few of the other annotated legislation titles that update annually. As always, our most recent copies of annotated acts are kept in the Reference section (that’s the section immediately to your left in the seating area). We like to keep them close and easy for you to access, but as always, let us know if you need a hand finding anything in the collection.

Also, one final note on Continuing Legal Education materials. The summer is always a slow time for us for collecting these valuable resources. Now that autumn is here, we expect to be getting many new titles from the Law Society, other law associations in Ontario, and from our own programming. If there is a seminar from another organization (such as the OBA) that looks interesting, please let us know – with the sheer volume of materials we get from the aforementioned groups, we tend to purchase very few CLE titles. We’d love your input and suggestions for purchase!


Reminder – Free Westlaw Training

By Katie Tribe



A quick reminder from the CCLA Library that we are hosting the first of a series of free training sessions on our most popular legal research databases this Thursday over the lunch hour. This week, Josée Provost, a Senior Learning Consultant with Carswell, will be joining us to feature Westlaw Canada. I can tell you from personal experience that Josée is an excellent researcher and trainer; as a librarian, I find her training sessions invaluable, and always learn something new each time I attend.

The session is free, so feel free to send or bring along your staff, assistants, or articling students. The training session takes place from 12:00-1:00 PM right in the CCLA Library, located in the Ottawa Courthouse. Send me a quick email if you’d like to attend, or drop by if you’re in the building. Hope to see you there!

For details about future training sessions, click here.


New Titles – August 2010

By Jennifer Walker

Of all the books in this library, the Criminal Codes are the most frequently consulted. The books look it, too – battered, a bit dirty, well-used. This is one of the reasons that the new arrival of Martin’s Annual Criminal Code brings so much delight each August – new, pristine Codes! An interesting note: according to many people I’ve spoken with, the dedication to the Martin’s Code is (at the very least) an Ottawa phenomenon. In Toronto, it’s Tremeear’s all the way. It would seem that Ottawa lawyers would rather use an old edition of Martin’s than a new edition of Tremeear’s – at least in this library! Our loyal Martin’s fans will be happy to hear that just today, we received our five new copies of the 2011 Criminal Code. This year, the Code comes with a pin number for mobile access (the same is in the Ontario Annual Practice as well). I haven’t checked it out on my phone yet, but if anyone does and wants to tell us all about it, we’d love to hear a review!

Check out the list and links below – we’ve also received some other popular annuals this month, such as the newest Annotated Ontario Highway Traffic Act, and Gold’s Defending Drinking and Driving Cases 2010, as well as some new updates to old favourites, such as the brand new edition of Waddam’s The Law of Contracts.

Continuing Legal Education


Texts


Supreme Court Library Tours

by Katie Tribe

Just a note that the Supreme Court of Canada Library recently notified us that tours of the Court and library are being offered to articling students next month. I’ve taken the tour and can vouch that both the Court and library are fascinating and beautiful; since tours of the Supreme Court aren’t available very often, I definitely recommend attending or sharing this opportunity with the students at your firm.

Tours are being arranged for the following dates and times:

French session:

Tuesday, September 14th, 2010 at 9:30 AM – Court Tour
Tuesday, September 14th, 2010 at 10:00 AM – Library Tour

English session:

Tuesday, September 14th, 2010 at 10:30 AM – Court Tour
Tuesday, September 14th, 2010 at 11:00 AM – Library Tour

Wednesday, September 15th, 2010 at 9:30 AM – Court Tour
Wednesday, September 15th, 2010 at 10:00 AM – Library Tour

Wednesday, September 15th, 2010 at 10:30 AM – Court Tour
Wednesday, September 15th, 2010 at 11:00 AM – Library Tour

When attending the tour, simply meet the guides in the Grand Entrance Hall just inside the main front entrance of the building. Each session lasts approximately 30 to 40 minutes.

If you or someone you know is interested in attending, contact the Supreme Court Library’s Reference Desk by email at library@scc-csc.gc.ca prior to September 7th indicating your time and language preference.The Reference Desk will contact you for confirmation after receiving your email.

I highly recommend scheduling some time to check out this beautiful building and library! Of course, the CCLA Library is also offering tours this fall, so be sure to get in touch with us if you’d like to stop by!


Library Tip #002: Food and Drink

By Jennifer Walker

Fairly regularly, we’re asked in a hushed, anxious tone, “Can I bring, you know, a coffee in here?” I remember all too well the Draconian food and drink policies at my university library, and the resultant frantic chugging of a scalding tea in order to enter the library, or the attempts to sneak in a bag of chips (which must be the worst snack food option for a quiet library).

Here at the CCLA, we’re definitely okay with clients bringing food and drink into the library. Perhaps not a five course dinner or anything requiring an open flame (this really isn’t the time or place for crème brûlée), but the typical cup of coffee or a sandwich are no problem. In fact, we anticipate clients bringing food and drink to our lunchtime training sessions! We kindly ask that you leave no trace behind, and trust there won’t be sticky jam fingerprints on the computers, or coffee spills on the books. The cafeteria in the lower level of the courthouse is open until about 3:00 from Monday to Friday. If you’ll be here after hours, make sure to grab provisions ahead of time.

Ah, and of course, should you want to show appreciation to your excellent library staff, we wouldn’t be opposed to the occasional delivery of snacks for us, too! We have a particular interest in Edible Arrangements, or in a pinch, any variety of chocolate-covered fruit.


Quicklaw Features Roundup

by Katie Tribe

I recently posted about some of the new features available on Westlaw Canada, which is available for free here at the CCLA Library. Of course, we also provide free access to LexisNexis Quicklaw. While you may already be comfortable using this database to locate useful case law, legislation, and citing references, I thought I’d remind you of some of the other great products and features available on Quicklaw.

All Canada Quantums

All Canada Quantums are located under Quicklaw’s “Court Cases” tab, and are extremely useful for finding noteworthy case law. These topical quantums allow you to research noteworthy decisions across Canada, and are organized into topics such as child and spousal support, matrimonial property, personal injury, sentencing, wrongful dismissal, and torts, among others. Each quantum lists case summaries that include hyperlinks to the full text of the case.

Canadian Forms and Precedents

While O’Brien’s remains the most popular form and precedent collection (it is available in print and via a searchable database here in the library) Quicklaw contains noteworthy collections as well. Their Canadian Forms and Precedents collection, located under the “Forms” tab on Quicklaw, covers topics such as commercial tenancies, corporations, employment, land development, and wills and trusts, among many others. If you are a devout O’Brien’s fan, try contrasting Quicklaw’s collection with O’Brien’s the next time you need a precedent for some variety.

Halsbury’s Laws of Canada

Located under Quicklaw’s “Commentary” tab, Halsbury’s is a useful encyclopedic reference for summaries of legal topics, black letter statements of the law, and commentary. Personally, I like to access it via Quicklaw’s Source Directory; I find the directory is an easy way to choose the topics I’d like to search or browse. Halsbury’s reminds me a little bit of Westlaw’s Canadian Encyclopedic Digest, and covers a wide range of topics.

These are just a few notable highlights; some other Quicklaw features include Williston & Rolls Ontario Court Forms, and Words and Phrases Judicially Defined (in both Canadian and British court and tribunal decisions). Browse Quicklaw’s source directory to learn about the various legal journals that are also available (there are many).

As always, let us know if you have any questions or would like some assistance. Better yet, attend one of our Quicklaw or Westlaw training sessions that are scheduled for the fall! You can contact me for more information or to RSVP.


Articling Student Library Tours – Update

By Jennifer Walker

The CCLA Library staff will be offering additional tours of our collection on the following dates. Please RSVP with Reference Librarian Katie Tribe for any of the tours listed below. Tours typically last approximately 20 minutes.

Tuesday, August 3, 2010 – 10:30 am, 2:30 pm
Thursday, August 5, 2010 – 10:30 am, 2:30 pm
Tuesday, August 10, 2010 – 10:30 am, 2:30 pm
Thursday, August 12, 2010 – 10:30 am, 2:30 pm
Tuesday, August 17, 2010 – 10:30 am, 2:30 pm
Thursday, August 19, 2010 – 10:30 am, 2:30 pm


New Titles – July 2010

By Jennifer Walker

With the summer months comes a slow down in Continuing Legal Education events. As such, we didn’t receive any new CLE binders this month. Where we’re lacking in new CLE, however, we have tonnes of new text books and annuals. For a neat little article on why on earth we’ve just received the 2011 version of the Ontario Practice when it’s only July, check out this entry from Gary P. Rodrigues at Slaw.ca.


Cool New Westlaw Updates

by Katie Tribe

As mentioned in past posts, at the library we spend a considerable amount of time helping people locate cases. Through time and repetitive use, we really get to know some of the nooks and crannies of our electronic database (think Quicklaw, Westlaw, Criminal Spectrum, O’Brien’s), and notice and appreciate when subtle changes are made that make searching swifter and more effective. One of our products, Westlaw Canada, has created a few new features over the past month or so that are really making us happy. Here’s a list so that you can start noticing and taking advantage of them as well!

1. Displaying the citation frequency of cases

Everyone knows the pain of having to browse through a large number of search results to find one powerful case. Westlaw recently made it easier to identify significant cases by displaying the amount of times the case has been judicially considered in the search results. When browsing the results, you’ll now see a note in brackets at the bottom of the case summary that states how many times the case has been considered, making it easy to determine its precidential value. The citation frequency is also listed after cases that show up in the citation list when you note up a case.

Westlaw also now allows you to limit your searches to cases that have been judicially considered. In the same way that you can limit cases by jurisdiction, timeline, and decision type, you’ll now find a drop down menu for citation frequency on the search screen. Pretty awesome!

2. Rules Concordance

I’m not sure how long this feature has been around, but it’s one that we’ve noticed and taken advantage of recently because a client was trying to locate an equivalent family law rule in a different jurisdiction. You’ll find the Rules Concordance in the “Browse Table of Contents” section of the main Westlaw page. It’s organized by subject areas that you can browse by expanding folders, much like other Westlaw Products such as the Canadian Encyclopedic Digest (CED). Browse through the subject areas to find a complete list of rules related to your subject, separated by jurisdiction. Of course, the list includes hyperlinks that will take you to the full text of the rule you’re interested in.

3. ResultsPlus

Another new feature, ResultsPlus, suggests related analytical material (think links to secondary sources like the CED) next to your search results. If you view your search results in full screen mode, you’ll see ResultsPlus to the right of your search results. If you’re not in full screen mode, you can access it by clicking the tiny arrow in the upper right hand corner of your screen. When you are viewing an individual case, the ResultsPlus information will be listed under the “Related Info” tab on the left side of your screen. To refresh your memory, the Related Info tab is also where you’ll find links to the history of the case and any citing references. I haven’t used the ResultsPlus feature yet, but will definitely be checking it out, as I often find the best cases when using tools like the CED.

4. “Related Terms” and “Did you mean…?”

In a step towards the style of the powerful search engines we use on a daily basis (I’m obviously referring to Google here) Westlaw has added features that suggest related terms and notice spelling errors when you type in a search. If you are using search terms to find cases, you’ll now find a related terms box at the top of your full screen results page, listing related terminology that Westlaw will easily add to your search with a simple click. The related terms box will also show up on the main search page when you edit your search. Like Google, Westlaw will also now notice your spelling errors and suggest a different word at the top of your results list.

In life and in researching, it really is the little things that make the biggest difference. Thanks to Westlaw for making things a little bit easier for us with these new features; we hope that you’ll check them out! As always, if you need help locating or using these new tools and features, please don’t hesitate to ask us for help.