Brenda Lauritzen


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!

 


Ottawa Blog Roll: April 2018

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

Civil Litigation

Disability Insurance vs Instagram
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

New and Improved Forms to Call Condo Meetings
– Rodrigue Escayola, Condo Adviser

Improving the New Prescribed Proxy Form
– James Davidson, Davidson Houle Allen LLP

Condominium Not Liable for Assault at Board Meeting
– Jessica Weick, Davidson Houle Allen LLP

Applying an Owner’s Payments to the Earliest Arrears
– James Davidson, Davidson Houle Allen LLP

Corporate Commercial Law

Seeing Through Shell Corporations: The Court of Appeal Addresses Complex Fraud Cases
– Alexander Bissonnette, Mann Lawyers

Criminal Law

The Digital Era In Our Criminal Justice System
– Dallas Mack, Mack’s Criminal Law

The Perils Of Bill C-75 (Or: Why We Should Care About Criminal Justice Policy)
– Anne Marie McElroy, McElroy Law

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

Harm Without Physical Contact
– Louise Tansey, Mack’s Criminal Law

Expecting Privacy?
– Dallas Mack, Mack’s Criminal Law

Investigating Our Research Habits And Tools: Poll #1
– Dallas Mack, Mack’s Criminal Law

Time for the Law Society to Turn Its Principles into Action
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Ontario court overturns just cause dismissal and awards over $97,000 in damages
– Paul Willetts, Vey Willetts LLP

Punitive Damages Awarded for Failure to Conduct Harassment Investigation
– Sean Bawden, Labour Pains

Termination of Employment Does Not Terminate Ability to Apply for LTD Benefits
– Sean Bawden, Labour Pains

Family Law

“Habitual residence”: SCC revamps Hague Convention analysis with hybrid approach
– Jeff Beedell & Shawn Duguay, Gowling WLG

Revenge Porn Update
– Natasha Chettiar, Nelligan O’Brien Payne

The Right to One’s Image – Privacy Laws in Quebec
– Stéphane Sérafin, Nelligan O’Brien Payne

Indigenous Law

Construction Licensing: Does it apply in Indigenous Communities?
– Stéphane Sérafin, Nelligan O’Brien Payne

IP & Copyright Law

Post-grant patent validity challenges in Canada and the UK
– Michael Crichton & Ailsa Carter, Gowling WLG

Regulatory Law

Cannabis advertising in Canada: What we know right now
– Megan Martins, Gowling WLG

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!


International Materials on Quicklaw Advance

Looking for international materials? While we are quite fortunate here to have access to some great British databases, often times we are asked about American or Australian case law as well. Perhaps lesser-known is that our Lexis Advance subscription has some coverage of these countries also!

To access them, on the left side of the main screen’s search bar you will notice a country flag. By clicking on this it will bring you to a dropdown menu where you can select which country’s materials you would like to search.

 

After you enter a search term, you can also easily navigate between countries through the sidebar where you will see these flags again, for example in the screenshot below. Underneath there is also a nice breakdown of the different types of content available, so you can narrow down your results if you are only interested in a specific type.

 

 

As you can see from this very generic “wrongful dismissal” search, there is quite a lot of international content on there! It’s definitely worth checking out if you’re looking for foreign materials.

 


Ottawa Blog Roll: March 2018

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

Civil Litigation

Perils of Joint Ownership of Property
– Anthony McGlynn, Perley-Robertson, Hill & McDougall LLP/s.r.l.

Examinations of Corporate Parties – Who is the mouth piece?
– Shauna Cant, Mann Lawyers

Did Brain Injury Cause Securities Trader to Make Poor Investments?
– Frank Van Dyke, Van Dyke Injury Law Blog

Andersson v Aquino, 2018 ONSC 852
– Matt Smith, Low Murchison Radnoff LLP

Summary: Leonard v Saint-Vincent Hospital, 2018 ONSC 370
– Tess Brown, Low Murchison Radnoff LLP

When is a Motion for Summary Judgment Appropriate?
– Jennifer Aouad, Low Murchison Radnoff LLP

Case Commentary: North Elgin Center Inc. V. McDonald’s Restaurants of Canada Limited
– Doug Smyth, Low Murchison Radnoff LLP

When Should the Court Allow the Examination of a Non-Party?
– Christine LaCasse, Low Murchison Radnoff LLP

Condominium Law

Changes to the Status Certificate
– Rodrigue Escayola, Condo Adviser

Electric Car Charging Stations in Condos
– Rodrigue Escayola, Condo Adviser

New Electric Vehicle Charging Requirements for Condos
– Rodrigue Escayola, Condo Adviser

New Regulations Will Arrive on May 1st Respecting Electric Vehicle Charging Stations in Condominiums
– David Lu, Davidson Houle Allen LLP

Some Human Rights News for Condominium Corporations
– James Davidson, Davidson Houle Allen LLP

Recent Case Respecting Owner’s Application for Minor Variance
– James Davidson, Davidson Houle Allen LLP

Construction Law

New Construction Act takes effect
– Neil S. Abbott, Edward (Ted) G. Betts, & Louis-Pierre Grégoire, Gowling WLG

Corporate Commercial Law

OSC Makes New Rule On Distributions Outside Canada
– Paul Franco, Mann Lawyers

CSA Propose Amendments to Remove Prospectus and Registration Exemptions for Syndicated Mortgages
– Paul Franco, Mann Lawyers

The Decline of Door-to-Door Sales – Changes to the Ontario Consumer Protection Act
– Lacey Miller, Mann Lawyers

Oppression: Divisional Court Upholds Liquidation to Resolve Shareholder Dispute
– Chris McLeod, Mann Lawyers

Criminal Law

Why the New Justice Reform Bill, C-75, Is Anything But Just
– Michael Spratt, Abergel Goldstein & Partners LLP

Liberal Criminal Justice Reforms A Bold Betrayal
– Michael Spratt, Abergel Goldstein & Partners LLP

Grant Revived
– Dallas Mack, Mack’s Criminal Law

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

Just Say No to the Police
– Michael Spratt, Abergel Goldstein & Partners LLP

Pot Bill’s Sober Second Thought
– Michael Spratt, Abergel Goldstein & Partners LLP

Continue Reading…


Ottawa Blog Roll: February 2018

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

Condominium Law

Amendments to Ontario’s Condominium Legislation
– Darrell R. J. Daley, Gowling WLG

Explaining the Preliminary Notice to Condo Owners
– Rodrigue Escayola, Condo Adviser

Explaining the New Proxy to Condo Owners
– Rodrigue Escayola, Condo Adviser

News on How to File your Condo Returns with the CAO
– Rodrigue Escayola, Condo Adviser

A “New”, New Home Warranty Program on the Horizon
– Christy Allen & David Lu, Davidson Houle Allen LLP

Corporate Commercial Law

The European Union’s General Data Protection Regulation (GDPR)
– Mark Asfar, Momentum Business Law

Criminal Law

More Tasers, More Problems?
– Michael Spratt, Abergel Goldstein & Partners LLP

Policing Black Lives: A Guide For Lawyers
– Anne Marie McElroy, McElroy Law

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

Kelly Egan and Anonymous Police Officer Wrote a Hot Mess of an OpEd
– Michael Spratt, Abergel Goldstein & Partners LLP

Tweet Less, Legislate More
– Michael Spratt, Abergel Goldstein & Partners LLP

Ottawa Police: Defying Logic and Misrepresenting Justice
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Commitment to “comply with statute” not enough to displace common law rights on termination
– Paul Willetts, Vey Willetts LLP

Dating and Harassment in a 21st Century Workplace
– Colleen Hoey, Mann Lawyers

Twenty-Six Months’ Notice Awarded to Employees Who Rejected Offer of Continued Employment
– Sean Bawden, Labour Pains

Lack of Clear Warning Voids Termination Provision
– Sean Bawden, Labour Pains

Family Day in Ontario – Why Some Employees Don’t Have the Day Off
– Sean Bawden, Labour Pains

Workplace Harassment “Arises From” but does not “Relate To” Employment
– Sean Bawden, Labour Pains

Employers May Not Make Changes to Terms of Employment During Working Notice Period
– Sean Bawden, Labour Pains

Continue Reading…


New on WestlawNext: Reading Mode

Recently we’ve had to depend much more on our electronic subscriptions here at the library while renovations are ongoing, so we were delighted to see a “Reading Mode” button added to electronic texts in our WestlawNext Subscription!

This mode adds several features to enhance readability. It adds the Table of Contents for the text on the left for quick browsing, links at the top of the article to subheading anchors in the text, and it eliminates the top icon bar to avoid distraction (clicking out of Reading mode will bring it back so you can have your usual download/email options).

Best of all, when you scroll through the text new content just keeps loading! No more having to click through countless sections as you read. All in all, a much nicer experience when dealing with e-looseleafs. We definitely approve of this nice new feature!


Global Legal Hackathon Ottawa: Feb 23-25, 2018

 

We’re quite excited that there’s an Ottawa meetup for the Global Legal Hackathon, coming up on February 23-25, 2018!

For those not familiar with the concept of a hackathon, quite simply it’s a meetup that looks to brainstorm and implement technical solutions to solve a problem or address a need. Programmers, lawyers, business leaders and more are set to come together, form teams, and create solutions which they will then present to a panel of judges.

The hackathon is free to participate, and is looking for legal community members with all types of skills to join in! If you have an interest in legal tech and the future of technology in law, this is definitely not to be missed!

You can find out more information and register for the hackathon on their website, as well as following the hashtags #GLH2018 #glhOttawa on Twitter.

Here is a more detailed FAQ, for those inclined to know more:

What is it?
The Global Legal Hackathon is a chance for thousands of people in 40 cities around the world to combine ideas and technology to build concepts and solutions that address business and practice of law challenges and access to justice opportunities. This 3 minute video tells the story: https://youtu.be/QOly-S2x8NA

In Ottawa, collaborators from Invest Ottawa, Compass / vLex Canada, UOttawa faculty of law and its Programme de Pratique du Droit, and many others, with the generous support of IBM and the CCLA, will converge on Bayview Yards for a weekend of collaboration, hacking, creation and education. Visit the Ottawa event site for full details.

Specifically, multi-disciplinary teams come together to collaborate, build and launch mobile, web apps or any other innovations aimed at solving a particular problem. People can come individually or as a team, with an existing idea to pitch, or to listen and join one of the teams that will be formed at the start of the event.  The goal is to come up with a prototype or proposal at the end of the hackathon to present in front of a panel of esteemed judges that includes UOttawa Law Dean Adam Dodek, Invest Ottawa CEO Michael Tremblay, and National Chair of the CBA Futures Committee Martine Boucher. With adequate sponsorship, we also hope to create a number of other local competition categories.

Throughout the week-end, teams will be assisted by mentors, be entertained and educated by many guest speakers  addressing such topics as privacy issues for legal apps, the Internet of Things, blockchain, legal market changes, AI and Machine Learning, among other things. We are also expecting a very special guest to speak about the Ontario Minister of Attorney General’s efforts to introduce technology innovations to improve access to justice.

The winner for Ottawa will go through to a global competition, culminating with a global winner announced at a banquet in New York on April 21. But in the long term, we all win as the Ottawa law and tech communities come together and find new ways of supporting each other!
Our objective is to bring 150 people together, with up to a further 100 participating remotely or attending different parts of the event as observers. We are making great progress toward those targets.
When is it?
February 23rd at 5pm through to February 25th at 9pm. Full schedule details are updated daily on the Ottawa site.
Who else is involved?
Globally, city hosts include major legal publishers like Thomson Reuters and Wolters Kluwer, major tech companies like Microsoft and American Express, major law firms like Orrick and Baker Hostetler, and major law schools like USC and the Singapore Academy of Law. More city sponsors as being announced every day, and it reads like a who’s who of forward-thinking legal tech companies and institutions.

We are anticipating very good participation from the law school, and are pleased to see strong interest brewing in the Department of Justice and other areas of the government and of the courts, but we have an especially strong desire to engage the tech talent being developed in Ottawa’s colleges and universities. The world is watching and this is great place for those with technology, design, and programming skills to shine. With the legal community coming around to understanding its need to collaborate with these professionals, this event will prove a great opportunity for that collaboration to begin.

What about the technology aspects?
Any and all technologies are permitted and can be expected to be used in this event. In addition, some organizations will be making available technology and content to help turbo-charge participant efforts. Details of sponsored technologies will be posted on the global site shortly. As set out in this blog post from the global organizers  vLex (in partnership with Compass / vLex Canada) will be making its Iceberg AI platform available to 100 teams around the world. The platform enables access to the vLex case citator as well as to Machine Learning capabilities such as automated legal topic classification, entity and key phrase extraction, and “semantic comparison” functionality trained on legal information but applicable to any document type. In addition, teams will have the option of having their version of Iceberg pre-loaded with either 33,000 Canadian Federal Court decisions or 30,000+ decisions of the US Court of Appeals for the DC Circuit. Iceberg will be have at least one IBM Watson capability directly integrated (a natural language understanding module that extracts names, topics and key phrases from any document type), and IBM will shortly be announcing the details of other Watson capabilities that will be available for teams to use.

As to what teams may build — who knows! The results will be influence by the depth and breadth of law and tech community participation as well as the quality of guidance teams receive from volunteer mentors.

Great!! How do I get involved?
To sign up as a participant or attendee, access the sign-up forms through lawtech613.com
To volunteer as a mentor (which essentially amounts to sitting at a table for an hour or two as teams come up to share what they are doing and seek your guidance on elements that could make the idea useful in the real world), please contact Colin Lachance at colin@compass.law or 613-316-3290
To participate as a sponsor or to offer up an expert speaker for the Saturday education sessions, please contact Colin Lachance at colin@compass.law or 613-316-3290.
Sponsorship packages will go to support food, tables, room rental and other aspects. The associated rights, privileges and recognitions will be tailored to the firm, and the packages will range from $1,000 to $3,000.
Yes, as you might have guessed, to step up and support your community as a sponsor, please contact Colin Lachance at colin@compass.law or 613-316-3290.
What do I get as Platinum Presenting Sponsor?
For $5,000, the Platinum Presenting Sponsor will receive:
  • premiere recognition as sole Platinum sponsor
  • scope and space for firm signage (up to 5 placements, including behind the speakers on opening day and sunday evening pitches, a booth and collateral display table for the full event
  • acknowledgement from the main stage at each main step of the event
  • option of delivering a 30 minute information session during a Saturday speaking slot
  • a designated “<your firm/institution here> Mentor” corner to provide business of law counselling and feedback to hacking teams
  • premiere placement and high volume mentions and thanks on the lawtech613.com site, the event app and social media communications between now and one week following the event
  • opportunity, at your option, to create a designated prize category and award
  • authorization to use and re-use for any purpose, the week-end media reel developed by the videographers we bring in to capture all the excitement and action of the week-end!

Ottawa Blog Roll: January 2018

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

Civil Litigation

What Is The Threshold And Who Meets It?
– Edward (Ted) Masters, Mann Lawyers LLP

Reduced Accident Benefits And Insurance Broker Liability
– Edward (Ted) Masters, Mann Lawyers LLP

For WSIB Purposes, is “Intent” to Study Enough to Make You a “Student”?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

New Owner Information Certificate
– Rod Escayola, Condo Adviser

Condo Learning Opportunities February/March
– Graeme Macpherson, Condo Adviser

New Employment Standards Affecting Condominium Corporations
– Jocelyn Duquette, Condo Adviser

Can Owners Install Clotheslines Under the Green Energy Act?
– David Lu, Davidson Houle Allen LLP

New Regulations for Condominium Managers
– James Davidson, Davidson Houle Allen LLP

Proxies and How They May Now be Used for Elections
– Christy Allen, Davidson Houle Allen LLP

Corporate Commercial Law

The Basics of Blockchain and Smart Contracts
– Mark Asfar, Momentum Business Law

Criminal Law

The Theoretical case of R. v. Patrick Brown
– Bryan Delaney, Delaney’s Law Firm

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

On Technology And Access To Justice
– Anne Marie McElroy, McElroy Law

The Presumption of Innocence is for Courtrooms, Not Politics
– Michael Spratt, Abergel Goldstein & Partners LLP

Trudeau’s Aga Khan Vacation, Get Ready for Duffy Part 2
– Michael Spratt, Abergel Goldstein & Partners LLP

Loblaws Skates on Price-Fixing, Tried to Send Homeless Man to Jail
– Michael Spratt, Abergel Goldstein & Partners LLP

My Predictions for Federal Justice Reform in 2018
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

The Man and the Mini-Horse in the Middle Office – Service Animals in the Workplace
– Colleen Hoey, Mann Lawyers LLP

Court of Appeal Confirms that Silence is Golden
– Sean Bawden, Labour Pains

Employers Can No Longer Require Employees to Wear High Heel Shoes – Except in “Entertainment and Advertising Industry”
– Sean Bawden, Labour Pains

New Rules for Employers for Public Holidays
– Megan Cornell, Momentum Business Law

Changes to Ontario Employee Personal Emergency Leave, January 2018
– Megan Cornell, Momentum Business Law

Limitation periods and statutory severance pay: an update
– Andrew Vey, Vey Willetts LLP

Continue Reading…