Brenda Lauritzen


Ottawa Blog Roll: July 2018

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

Condominium Law

New Tribunal Rules on Owners Accessing Condominium Records
– Rod Escayola, Condo Adviser

Should Condo Owners be Able to Get Information About Other Owners?
– Rod Escayola, Condo Adviser

Corporations Must Act Fast When Condo Owners Requisition a Meeting of Owners
– Rod Escayola, Condo Adviser

New Tax on Airbnb Rentals in Ottawa
– Christy Allen, Davidson Houle Allen LLP

Vexatious Litigant Not Precluded From Accessing Condominium Authority Tribunal
– Jessica Weick, Davidson Houle Allen LLP

Dispute Over Flower Box Leads to Expensive Litigation
– Jessica Weick, Davidson Houle Allen LLP

The Effect Of The New Construction Act On Condominiums In Ontario
– David Lu, Davidson Houle Allen LLP

Collecting Chargebacks Will Soon Become More Of A Challenge
– James Davidson, Davidson Houle Allen LLP

Construction Law

Construction Lien Act Amendments, Part 3 – Lien, Holdback, and Trust Rules
– Bryce Dillon & Keith Maclaren, Perley-Robertson, Hill & McDougall LLP/s.r.l.

What you need to know about the new changes to the Construction Lien Act
– David Contant, Nelligan O’Brien Payne

Corporate Commercial Law

Good Faith in Contractual Negotiations and Performance – Civil vs Common Law
– Robert Bissonnette, Mann Lawyers

Criminal Law

Full Disclosure: Setting The (Fictional) Record Straight
– Anne Marie McElroy, McElroy Law

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

AG Mulroney’s Big Debut is a Throwback Fail
– Michael Spratt, Abergel Goldstein & Partners LLP

On Gun Violence, Jim Watson and John Tory Shoot from the Lip
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Receipt of LTD Evidence of Frustration
– Sean Bawden, Labour Pains

The Right to Purreavement Leave in Ontario
– Sean Bawden, Labour Pains

Family Caregiver Leave in Ontario
– Sean Bawden, Labour Pains

Putting on the Brakes: Ontario courts are limiting the scope of post-dismissal mitigatory earnings
– Andrew Vey, Vey Willetts LLP

Ontario Court Creates New Protection for Complainants of Workplace Sexual Harassment
– Andrew Vey, Vey Willetts LLP

Family Law

Can an embryo be treated as “property”?
– Erin Lepine & Paul Taylor-Sussex, Nelligan O’Brien Payne

When will a court order “double dipping”?
– Daniel Duyvelshoff, Fresh Legal

Food & Beverage Law

Bait and switch? Incorporation by reference of front of pack labelling symbols
– Lewis Retik, Gowling WLG

Eat your cannabis and have it too: Edibles will present unique regulatory challenges
– Laura E. Gomez & Megan Martins, Gowling WLG

IP & Copyright Law

Tough break? KitKat and the fight over those four fingers
– Wing Yan & Paul Taylor-Sussex, Nelligan O’Brien Payne

Some Notes About Recent Developments at the Copyright Board of Canada
– Howard Knopf, Excess Copyright

Nice Classification in the Age of Globalization
– Kimberley Baillie, Gowling WLG

Land surveys: who owns the copyright?
– Paul Taylor-Sussex, Bryan Thaw, & Wing Yan, Nelligan O’Brien Payne

Food Delivery Apps – Good for Business?
– Paul Taylor-Sussex, Nelligan O’Brien Payne

Practice Management

The cause of, and solution to
– Jordan Furlong, Law21

Hope vs. experience in California
– Jordan Furlong, Law21

Who really owns your law firm?
– Jordan Furlong, Law21

Security Law

“9/11esque” Tweets and the Saudi Spat
– Craig Forcese, National Security Law

Oh, What Tangled Webs the CSIS Act Weaves: The Federal Court’s Latest Decision on CSIS’s Foreign Intelligence Mandate
– Craig Forcese, National Security Law

Threading the Needle: Structural Reform & Canada’s Intelligence-to-Evidence Dilemma
– Craig Forcese, National Security Law

Supreme Court

2018: The SCC mid-year review – How’s it going so far?
– D. Lynne Watt, Gowling WLG

Trade Law

Negotiation, Not Litigation is the Way to NAFTA Modernization
– Gordon LaFortune, Canadian Trade Law Blog

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!


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)

 


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!


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…