Brenda Lauritzen

Ottawa Blog Roll: March 2019

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

Bankruptcy & Insolvency Law

Are Licensed Insolvency Trustees Liable for Complying with Environmental Cleanup Orders?
– Merovitz Potechin LLP

Civil Litigation

Is there a tort of harassment in Ontario? ONCA says “no, but maybe, but probably not, so yeah…” 
– Andrew Montague-Reinholdt, Nelligan O’Brien Payne

Condominium Law

Soldier Ordered to Take Down Canadian Flag from Condo Unit
– Rod Escayola, Condo Adviser

Court Approves a Borrowing By-law Despite the Absence of a Majority Supporting it
– Rod Escayola, Condo Adviser

Must Condos Making Renovations Implement Accessibility Measures?
– Graeme Macpherson, Condo Adviser

Do Police Need a Warrant to Investigate on Common Elements (Part I)
– Rod Escayola, Condo Adviser

Ontario Condominium Status Certificates
– Merovitz Potechin LLP

Flagging Issues on the Common Elements
– Christy Allen & Andrea Daly, Davidson Condo Law

Costs, Costs, Costs… Another Court Decision Considers Recovery of Legal Costs
– Jessica Weick & Cheryll Wood, Davidson Condo Law

Corporate Commercial Law

International transactions: Consumer contracts Q&A Canada
– Multiple Authors, Gowling WLG

International transactions: Agency Q&A Canada
– Multiple Authors, Gowling WLG

For Whom the Limitation Period Tolls: Agreements under Section 11 of the Limitations Act
– Alexander Bissonnette, Mann Lawyers

Criminal Law

March 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

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

SNC-Lavalin Affair Raises the Issue of the Role of Former Judges
– Michael Spratt, Abergel Goldstein & Partners LLP

Gerald Butts’ Quarrel with Jody Wilson-Raybould’s Evidence Falls Short
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Ontario superior court confirms that frustration of contract is a two-way street
– Andrew Vey, Vey Willetts LLP

Hi. I have some news.
– Sean Bawden, Labour Pains

Employer Entitled to Return of Severance Payment After Discovering Misappropriation of Funds
– Sean Bawden, The House Work Blog

Frustration Does Not Require an Act of an Employer
– Sean Bawden, The House Work Blog

Inability to Measure and Manage Risk of Harm Created by Cannabis Use Constitutes Undue Hardship: NFLD Supreme Court
– Sean Bawden, The House Work Blog

Did the WSIB get the memo on marijuana?
– Jim Anstey & Peggy King, Nelligan O’Brien Payne

Government Affairs 

Ontario government announces plans for centralized procurement
– Multiple authors, Gowling WLG

IP & Copyright Law

Keatley v. Teranet: Land Surveys, the Law of the Land and Access to Justice – The Supremes will Have Their Hands Full but will They Have Everything they Need?
– Howard Knopf, Excess Copyright

The WIPO Broadcasting Treaty – A Solution in Search of a Problem?
– Howard Knopf, Excess Copyright

Update on Access Copyright Proposed Post-Secondary Educational Tariffs: 2011 – 2013 and 2014 – 2017
– Howard Knopf, Excess Copyright

Competition Bureau releases 2019 Intellectual Property Enforcement Guidelines
– Cole Meagher & William S. Foster, Gowling WLG

There and Back Again – Protective Agreements in the Federal Court
– Alexander Camenzind & Ben Pearson, Gowling WLG

Marketing Law

The Influence of Underage Influencers
– Mary G. Griffith, Maclaren Corlett

Practice Management

The moral issue here
– Jordan Furlong, Law21

The next top model: Law firm edition
– Jordan Furlong, Law21

Tax Law

Budget 2019: Positioning for a fall election
– Multiple authors, 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!

Cool Tools: Tiny Scanner 1

This post was written by Dorota Turlejski from the CCLA Technology Committee.

Tiny Scanner

Cost: free (with option for upgrade for $4.99)

Features/ uses: Scanner “on the go”

Category: Document management, Collaboration, Document storage, Transaction Management

Where to find: search for “Tiny Scanner” in the Apple Store if you have an iPhone, and Google Play if you have an Android.

Apple icon:                            Android icon:







This app turns your Android or iPhone/iPad into a portable document scanner, meaning that you can travel and scan without having to bring a very heavy scanning machine along with you! This can be very useful because taking photos with your phone does not provide the clarity and resolution you may need.

The app is password-protected and it auto-adjusts the images scanned in (because there is no feeder to flatten paper out), in order for them to appear as if they came from an office-size scanner.

You can set the app to automatically upload the documents into your Google Drive or you can e-mail and fax documents straight from the app, wherever you are.

For example, you go see your client outside the office to have them sign an agreement.  You can provide your client a copy of the signed agreement as soon as it is executed.  You take the signed document, scan the pages and e-mail it straight from your phone/tablet to your client.  In the meantime, an electronic version is stored in your Drive so that you don’t have to ask your assistant to scan the documents in when you go back to the office.

The main value-added of the app is that it produces documents looking like scanned documents and not like images taken with a phone.  The app is indispensable for lawyers working from home or sole practitioners who spend a lot of time on the road and not much time in the office.

It is not efficient to use Tiny Scanner to scan very large volumes of paper.  A self-feeding scanner would be more appropriate.  For the majority of paperwork, up to 30 pages a document, Tiny Scanner is a great solution.

Ottawa Blog Roll: February 2019

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

Bankruptcy & Insolvency Law

Government Student Loans and Bankruptcy in Canada
– Rob de Toni, Merovitz Potechin LLP

Condominium Law

Are Condominium Residents Entitled to Privacy on the Common Elements?
– Christy Allen, Davidson Condo Law

Restrictions on Condominium Bank Accounts? Here’s Our Take
– James Davidson, Davidson Condo Law

What Happens If You’ve Delayed In Bringing a Court Claim? Here’s a Case That You Should Know About
– Christy Allen, Davidson Condo Law

Refusing to Allow Modifications to Common Elements Can Amount to Oppression
– Jocelyn Duquette, Condo Adviser

Are Condo Owners Entitled to Access the Owners’ Email List?
– Rod Escayola, Condo Adviser

Court Orders Owner to Enter into a Section 98 Agreement
– Jocelyn Duquette, Condo Adviser

Disclosure Statements: Say it Right and Say it Clearly
– Graeme Macpherson, Condo Adviser

Constitutional Law

Limits to the Attorney General’s Discretion
– Delaney’s Law Firm

Construction Law

Ontario’s New Prompt Payment Regime
– Roxie Graystone, Merovitz Potechin LLP

Criminal Law

February 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Contextualizing Privacy: The Supreme Court’s Decision In R V. Jarvis
– Anne Marie McElroy, McElroy Law

Remediation agreements and other recent developments in white collar crime
– Glen Jennings, Matthew Doak, & Reem Zaia, Gowling WLG

Employment & Labour Law

ONCA Upholds Termination for Just Cause of Fiduciary
– Sean Bawden, Labour Pains

Termination for “Cause” Provision Violates the ESA
– Sean Bawden, Labour Pains

OLRB Rules That When it Comes to Severance it’s Ontario-Based Operations Alone
– Sean Bawden, Labour Pains

Storing pornography on a work-issued laptop not “serious enough” to be cause for dismissal
– Paul Willetts, Vey Willetts LLP

Not Much to “Like”: Lessons from an Anti-Social Work Environment
– Paul Willetts, Vey Willetts LLP

Termination clause update: New developments concerning benefit continuation and just cause language
– Andrew Vey, Vey Willetts LLP

Ontario Announces Occupational Cancer Review
– Frank Van Dyke, Van Dyke Injury Law Blog

Federal government adopts “modern” labour standards
– André Poulin-Denis & Mark Josselyn, Gowling WLG

You Violated Employer Rules: Do You Still Need to Be Accommodated?
– Sean T. McGee, Nelligan O’Brien Payne

Changes to Labour Standards in Quebec – What Do You Need to Know?
– Lanise Hayes, Nelligan O’Brien Payne

Ontario’s Sex Education Curriculum: What Can the Law Do to Challenge a Government Policy Decision?
– Alayna Miller, Mann Lawyers

Matthews v Ocean Nutrition
– Nigel McKechnie, Mann Lawyers

Insurance Law

Travel Insurance: Are you covered?
– Najma Rashid, OTLA Blog

IP & Copyright Law

Canadian Trademark Changes – June 17, 2019
– Cynthia Mason, Momentum Law

Access Copyright v. York U – the Federal Court of Appeal Hearing is March 5 and 6, 2019
– Howard Knopf, Excess Copyright

“Reclaiming Fair Use” by Aufderheide & Jaszi – My Treat During Fair Use/Fair Dealing Week
– Howard Knopf, Excess Copyright

Piracy v. Privacy – The Federal Court Significantly Restores the Balance in Canadian Mass Copyright Litigation by Insisting on “Best Available Evidence”
– Howard Knopf, Excess Copyright

Access Copyright Post Secondary Tariffs – 2011-2013 & to 2014-2017 – Coming Soon to a Campus Near You?
– Howard Knopf, Excess Copyright

Blacklock’s, Spam, CRTC, and ATIP
– Howard Knopf, Excess Copyright

Benefits of industry group intervention in the Federal Court of Canada
– Marc Richard & Cole Meagher, Gowling WLG

Marketing Law

A New and Improved Advertiser Dispute Procedure by Ad Standards
– Mary G. Griffith, Maclaren Corlett

Practice Management

The price of collaboration
– Jordan Furlong, Law21

The reality of collaboration
– Jordan Furlong, Law21

The implications of crowdsourced justice
– Jordan Furlong, Law21

Law firms’ shopping mall problem
– Jordan Furlong, Law21

Security Law

Meng Extradition: What to Watch For
– Craig Forcese, National Security Law

Another Rule of Law Test in the Meng Extradition Matter
– Craig Forcese and Leah West, National Security Law


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!

Cool Tools: Canva

This post was written by Dorota Turlejski from the CCLA Technology Committee.

Would you like some Graphic Design made easy? Canva provides ready-to-use templates for any form of communication that requires a visual component. As long as you are online, it is very easy to use the Canva search engine to find a template most closely connected to what you’re trying to do. You get to provide content in a way a visual artist or a graphic designer would without actually hiring one.

Canva gives you access to over a million photographs, graphics and fonts and 50,000 templates for various types of visual outputs.  For example, say, you wanted an appealing first page of a presentation you will be showing at the first CCLA Technology Lunch and Learn entitled, “Lawyering while Travelling.” You go to, click on the “Find templates” tab, pick “Presentations”, and you are provided with some subcategories.  I picked the “Simple” subcategory and chose from the available options. I thought this template might work nicely:

All I had to do is replace the information provided in the template.  The result is:


Simple! You can then save it on your desktop, and you have the option of saving in “pdf” or “jpg” format, and the file is ready to be uploaded into your presentation.  

The great parts about Canva are that it is cost effective, you can get a visual that looks good very quickly, and you can easily transfer the created file onto whatever file you are working on.  

Some drawbacks are that the tool is dependent on the speed of wireless connection, and that you have to get comfortable with the copy and paste functions and how they are used to replace content in the templates. Also, there is paid content on the templates that you need to watch out for. You can add paid elements or take them out of the templates. The paid content is worth paying for as it blends in well with the whole template and each element or image is usually no more than $1 or $2 (USD).   

Category: Graphic Design Software

Ottawa Blog Roll: January 2019

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

Civil Litigation

Frivolous, Vexatious or Abusive Claims: The Ontario Court of Appeal Addresses Notice Requirements Under Rule 2.1.01 of the Rules of Civil Procedure – Shauna Cant, Mann Lawyers

Clean Hands in Real Estate Disputes (Nuisance and Trespass) – Patrick R. Simon, Vice & Hunter LLP

Ontario Automobile Insurance Reform – Edward Masters, Mann Lawyers

Specific Performance for Commercial or Investment Properties?: The Court of Appeal Clarifies – Alexander Bissonnette, Mann Lawyers

Condominium Law

Must Condos Include Materials in a Meeting Package if Owners Demand It? – Graeme Macpherson, Condo Adviser

Do Changes to the Condo Act Mean More Work for Lawyers? – Rod Escayola, Condo Adviser

Declaration vs Rules – James Davidson, Davidson Condo Law

More Perspectives on Short-Term Rentals Regulations – Andrea Daly, Davidson Condo Law

Tarion and the Dangers of the Conciliation Deadline – James Davidson, Davidson Condo Law

Correction: Although the Green Energy Act is Repealed, Condominium Obligations to Report Energy and Water Use Remain – David Lu, Davidson Condo Law

The Cost of Failing to Produce Records – Jessica Weick, Davidson Condo Law

Corporate Commercial Law

New Corporate Records Obligations Imposed on CBCA Corporations – Andre Martin, Mann Lawyers

Behind the corporate veil: New ownership record rules in Canada – Karen E. Hennessey & Shaela W. Rae, Gowling WLG

Criminal Law

January 2019 Criminal Law Round-Up – Anne Marie McElroy, McElroy Law

Don’t Expect New Justice Minister to Deliver on Progressive Criminal Justice Reform – Michael Spratt, Abergel Goldstein & Partners LLP

The Presumption of Innocence is for the Court of Law, Not for Protecting the Reputations of the Powerful – Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Off-Key? The Boston Symphony and Gender-Based Equality in Pay – Paul Willetts, Vey Willetts LLP

Ontario Employment Standards Act Update: 2019 – Megan Cornell, Momentum Business Law

Arbitrator Orders Nurse Who Was Caught Stealing Narcotics to be Reinstated – Sean Bawden, Labour Pains

Have you been injured while insured under your employer’s group benefit policy, but only realized the extent of your injury once you were no longer an employee? – Amanda Le, Nelligan O’Brien Payne

Entertainment & Sports Law

Leaked nudes and talent morality clauses – A lesson for the digital age – Jahmiah Ferdinand-Hodkin, René Bissonnette & Scarlett Trazo, Gowling WLG

Family Law

Technology and Family Court…The Saga Continues – Jillian Allen, Fresh Legal

IP & Copyright Law

Blacklock’s Got Much of What it Wished For – For Now: Will This Be About “Be Careful What You Wish For”?” – Howard Knopf, Excess Copyright

My Brief to the INDU Committee re Copyright Revision & S.92 Review – Howard Knopf, Excess Copyright

Update on Blacklock’s Mega Motion of December 12, 2018 – Howard Knopf, Excess Copyright

Trade secret enforcement in Canada: How rights holders can secure justice – Michael Crichton & Will Boyer, Gowling WLG

Practice Management

Starting from scratch – Jordan Furlong, Law21

Regulatory Law

Does my food ad market to kids? Draft guidance on Bill S-228 – Megan Martins, Gowling WLG

Wills & Estates Law

Multiple Wills in Ontario: Re Milne Revisited – Yasmin M. Vinograd, Merovitz Potechin LLP

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!

Cool Tools: Evernote

This post was written by Christiane Saad from the CCLA Technology Committee.

Lawyers can use Evernote to collect, organize, access, and manage data, as well as collaborate in day-to-day law practice.

In addition to supporting digital and handwritten notes, Evernote’s Web Clipper allows saving articles and web pages, taking screenshots and bookmarks sites directly from the web browser to store and organize. Evernote’s strength lies in its organizational features, like its notebooks, stacks, tags, and powerful searching tools, making content easily accessible everywhere. Further, features such as reminders and checklists aid in daily work projects, keeping users informed and on top of deadlines while providing teams with workspaces with in-app discussions, knowledge discovery, and presentation mode.

Evernote is also a great place to scan, store, manage and search business cards. With the Premium option, it’s possible to digitize and connect your card to your LinkedIn profile. In the legal practice, Evernote may also be used to organize firm’s policies, procedures, and checklists as well as legal research or precedents.

In terms of security, Evernote allows two-step verification and a pass code lock for mobile devices. However, just like any other cloud based system, it’s a question of risk and how much the user is willing to accept. In terms of data ownership, data protection and data usage, you can read Evernote’s policies to verify compliance with your needs.

Evernote is available for Microsoft Windows, on Android, iOS, web and has a Chrome extension. It’s also available for the Apple Watch and Android Wear. While these apps don’t have full functionality, it’s possible to receive notifications, create notes, check off to-dos, and search using voice command.

Currently, the free account provides only up to 60 MB data and is limited to two devices. However, the premium or business version offers more features with an affordable upgrade. To learn more:

Categories: Note-taking, Collaboration, Productivity


Compendium of Damages Awarded in Personal Injury Actions Across Ontario, January 1999 – October 2018 Update

The CCLA Compendium of Damages Awarded in Personal Injury Actions Across Ontario has been updated to October 2018! This invaluable guide is a favourite with local litigators, and has been produced for the CCLA for several years under the leadership of The Honourable James Chadwick and with the assistance of students from the University of Ottawa law school.

To check it out, please click here.

For future reference, you can find this publication on the CCLA website under our “Civil Litigation” practice portal.


WestlawNext : New CCLA Subscription Additions!

If you’ve been doing any on-site research here at the courthouse recently, you may have noticed some extra additions to our WestlawNext portal! We’ve recently added Employment Source, Estates & Trusts Source, and Labour Source to our online subscriptions, and we’re happy to continue to provide access to Law Source, Family Source, and Criminal Source.

Our new (and old) subscriptions can be accessed through the sidebar when first logging in:

Highlights from these new subscriptions include electronic access to:

Employment Source

  • Canadian Employment Law by Ball
  • Employee Obligations in Canada by D’Andrea
  • Illness and Disability in the Workplace by D’Andrea
  • The Law of Dismissal in Canada, Third Edition by Levitt
  • The Employment Bulletin (Editor: Mark Fletcher)
  • Wrongful Dismissal Quantum Service

Estates & Trusts Source

  • Estates and Trusts Fillable Forms
  • Estate Planning Precedents by Histrop
  • Estate Litigation by Schnurr
  • Ontario Estate Administration Manual by Armstrong
  • WeirFoulds Estates & Trusts Newsletter

Labour Source

  • Canadian Labour Arbitration by Brown & Beatty (Jen can finally live without my incessant nagging to get an electronic version of this!)
  • Canadian Labour Law by Adams
  • Collective Bargaining and Agreement by Corry

As you can see there is a ton of great content in here, so have a look when you have the chance! You must be on-site at the CCLA Library to access these materials through our subscription. We will also be scheduling a WestlawNext training session (in our new training room!) in the near future, so stay tuned for more information on that.

As always, any questions, don’t hesitate to drop us a line.


Ottawa Blog Roll: December 2018

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

Civil Litigation

But It Was Just An Accident!
– Najma Rashid, Ontario Trial Lawyers Association

Ontario Court of Appeal Comments on the Duty of Honest Performance
– Shauna Cant, Mann Lawyers

Recent Ontario Court of Appeal Decision Regarding Victims of Motor Vehicle Accidents
– Edward Masters, Mann Lawyers

Condominium Law

How Long Must Condos Retain Corporate Records?
– Rod Escayola, Condo Adviser

Condo Year in Review: Top Five Decisions of 2018
– Graeme Macpherson, Condo Adviser

How Long Must a Condo Retain Information Certificates?
– Rod Escayola, Condo Adviser

Shared Common Elements in a Condominium – An explanation of POTL and CECC
– Michael Brown, Merovitz Potechin LLP

Green Thumbs: Growing Cannabis in Condos
– Andrea Daly, Davidson Condo Law

CAT – The First Year
– James Davidson, Davidson Condo Law

Decision Respecting Smoking
– James Davidson, Davidson Condo Law

The Proxy is (sometimes) the Ballot
– James Davidson, Davidson Condo Law

Appealing Decisions From the Condominium Authority Tribunal
– David Lu, Davidson Condo Law

Corporate Commercial Law

Competition Bureau and Defence Construction Canada sign agreement to safeguard procurements
– Quin Gilbert-Walters & François Baril, Gowling WLG

Criminal Law

Liberals’ New Impaired-Driving Rules Will Inevitably Target Minorities
– Michael Spratt, Abergel Goldstein & Partners LLP

Impaired Driving Update: Implications Of Bill C-46
– Anne Marie McElroy, McElroy Law

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

MCLNugget: Prystay ABQB
– Dallas Mack, Mack’s Criminal Law

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

Continue Reading…

The 2018 Clawbie Awards: Our Nominations!

It’s Clawbies time!! For the past couple of years we’ve highlighted some of our favourite Ottawa Law Blogs, so this year we’re going to change gears a bit and nominate our favourite Access to Justice blogs:

National Self-Represented Litigants Project (NSRLP)
This has to be one of my favourite reads. The NSRLP’s posts always offer thoughtful, open, intelligent, and on-point discussion on access to justice and self-representation issues in Canada and abroad. 

ReconciliAction (University of Alberta Faculty of Law)
Frequently mentioned and frequently Clawbie-nominated, and for very good reason! It almost goes without saying, but this is one of the most hard-working group of people doing extremely important work. 

Legal Aid Ontario
The LAO blog features interesting topics and interviews, and is always a good site to have on your radar. I also generally love infographics, so the plethora of those tends to lend this blog to my tastes quite nicely.