Brenda Lauritzen


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…


Upcoming Training: CanLII Webinar 1

On February 22nd, join us for a 12-1PM training webinar on CanLII, the legal research tool that you can use for free from your home or office! Brush up on your skills on finding cases, note-ups, point-in-time legislation, and to explore their growing collection of secondary materials.

To cover costs of the webinar, this session is 10$; you can register here. The day before the session, we’ll send you an email with the link you need to get into the webinar. Also, in order to hear us, you’ll need to either have speakers or earphones for your computer.

This session is eligible for 1 substantive CPD hour.


#ThrowbackThursday: First Sitting of the Supreme Court of Canada 1

Way back on January 17, 1876, six judges assembled on Parliament Hill for their first sitting of the Supreme Court of Canada! They had just finished drafting their rules of procedure in mid-January, but the only problem? There were no cases to be heard! Transcripts from this first session of the Supreme Court state “There being no business to dispose of, the Court rose.”

The court heard its first case in April 1876, and after that, it sat for a week in June. (Give me this work sched any day!)

It spent its first five years in vacant rooms in the Parliament buildings, before moving to a more permanent building on the West Block in 1882.

 

Old Supreme Court of Canada Building, West Block

Old Supreme Court of Canada Building, West Block. Credit: Library and Archives Canada/PA-052668

 

Interior of the old Supreme Court of Canada.

Interior of the old Supreme Court of Canada. Credit: Topley Studio / Library and Archives Canada / PA-027194

References / Further Reading


New Database Subscription: ICLR

We may have limited physical space available at the moment, but to somewhat make up for it we’re happy to announce we’ve added a subscription to the UK Case Law Reporter database ICLR! If you’ve ever used a British case you’ve probably gotten it from an ICLR publication, so we’re very excited to still be able to still access that collection while we are renovating.

We love the clean interface of the program, and its searching and navigation are intuitive and easy to use. Stay tuned as we explore and demonstrate some of its features over the coming months!

You can access the ICLR on site at the CCLA Library, through our lawyer computers. Friendly reminder that all our databases can be accessed through the Library Toolkit icon on each desktop!


Ottawa Blog Roll: December 2017

Huge congratulations to Sean Bawden and Woods LaFortune LLP for carrying the Ottawa torch as Clawbie Winners this year! Well deserved!!

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

Civil Litigation

Adjudication coming to a construction project near you – lessons learned from the english experience
– Louis-Pierre Grégoire & Patrick Lavoie, Gowling WLG

Appeal Court orders rehearing on coverage for workplace accident
– Stephanie Doucet, Gowling WLG

Employer vs. Employee – Who Was Telling the Truth in Workers’ Compensation Claim?
– Frank Van Dyke, Van Dyke Injury Law Blog

CPP Benefit Claims – Does Choosing Your Own Doctor Affect Your Success?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Information Certificate Updates
– Rodrigue Escayola, Condo Adviser

A Condo Year in Review – Our Top 10 Most Popular Posts of 2017
– Jocelyn Duquette, Condo Adviser

AGM Notice Calculator
– Rodrigue Escayola, Condo Adviser

Things to watch for in 2018
– James Davidson, Davidson Houle Allen LLP

Corporate Commercial Law

“Summary Judgment and Evidence of ‘Material Change’ – Hepburn v AlarmForce”
– Merovitz Potechin LLP

Criminal Law

December 2017 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Top Criminal Cases Of 2017
– Anne Marie McElroy, McElroy Law

Digital Evidence: A Book Review
– Anne Marie McElroy, McElroy Law

Let’s Talk About Mental Health
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”
– Andrew Vey, Vey Willetts LLP

Higher wages, more vacation, more protected leave – what’s not to like?
– Colleen Hoey, Mann Lawyers

The Legality of Taking Away Paid Breaks and Benefits
– Sean Bawden, Labour Pains

Top Five Cases of Importance to Ontario Employment Law – 2017 Edition
– Sean Bawden, Labour Pains

Workers Now Eligible for WSIB Benefits for Chronic Mental Stress and Workplace Harassment
– Sean Bawden, Labour Pains

Continue Reading…


‘Charterpedia’ Launched by Department of Justice

If you were paying attention on twitter and/or were very on the ball a couple weeks ago, you may have noticed that the Department of Justice launched a new online service called the Charterpedia, and it is really great! This new resource provides summaries and note ups on every Charter section, and it is now available free of charge to everyone!

As per its own description:

This Charterpedia provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible.

Check it out!