Brenda Lauritzen


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. 


Courthouse Libraries Web App Launch

Do you often travel to different jurisdictions for court? Did you know there’s a Courthouse Library in the 47 courthouses across Ontario, and they provide services for visiting counsel? 

The Ontario Courthouse Libraries Association (OCLA) is excited to roll-out our new mobile-device-friendly app. The new website is designed to be a lawyer-centric portal to the County and District Law Libraries in the province. We’ve packaged the individual law library profiles into one convenient site, offering an easy-to-digest overview of the information, and services being offered. Some of the features include:

  • Highly visible quick link icons to contact information, location-based mapping, weather, and Association websites.
  • Find information about hours, access, electronic resources, parking, robing rooms, lounge facilities, value added extras, and more.
  • Quick library catalogue access to diverse resources, directly from the homepage.
  • A persistent header with a drop-down menu for easy navigation by Association or city.

Enhance your travel experience to another jurisdiction by visiting http://oclanet.com/webapp/!

You can also find instructions on how to add a link to this web app to your mobile homepage here!


Ottawa Blog Roll: November 2018

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

Condominium Law

Can Condos Terminate a Snow Removal Contract Early?
– Jocelyn Duquette, Condo Adviser

Has the Condo Tribunal Delivered all that it Promised to?
– Rodrigue Escayola, Condo Adviser

Loophole Around Mandatory Condo Director Training?
– Rodrigue Escayola, Condo Adviser

Condo Owner not Allowed to Get 20-year old Board Minutes
– Rodrigue Escayola, Condo Adviser

Changes to Lien periods Under the New Construction Act
– David Lu, Davidson Condo Law

Constitutional Law 

Human Rights Tribunal of Ontario Finds Provision Allowing Health Benefits to the Terminated at Age 65 Unconstitutional
– Margaret Truesdale, Perley-Robertson Hill & McDougall LLP

Corporate Commercial Law

An overview of the Competition Bureau’s new Immunity and Leniency Programs
– Quin Gilbert-Walters & Ian Macdonald, Gowling WLG

Criminal Law

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

Scheer’s Guns and Gangs Strategy A Simple Plan for Simple Minds
– Michael Spratt, Abergel Goldstein & Partners LLP

Time for the Civil Bar to Step Up
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Hold the Applause: Clapping Banned to Reduce Individual Anxiety
– Paul Willetts, Vey Willetts LLP

ONSC Judge Would Have Ordered at Least 36 Months Reasonable Notice – If Requested
– Sean Bawden, Labour Pains

Employee Allowed to Sue for Sexual Harassment Five Years After Signing Full and Final Release
– Sean Bawden, Labour Pains

No Right to Sue Employer for Sexual Assault by Co-Worker: WSIAT
– Sean Bawden, Labour Pains

IBM appeal case reboots the importance of parties’ intentions for termination provisions
– Amy Derickx, Gowling WLG

What’s old is new again: Bill 47 passes into law
– André Poulin-Denis & Jesse Baker, Gowling WLG

IP & Copyright Law

Fake News on Fair Dealing from Michael Enright Himself and the CBC Sunday Edition
– Howard Knopf, Excess Copyright

Follow Up on Bill C-86 – The Omnibus Bill that Amends Canadian IP Law
– Howard Knopf, Excess Copyright

My Speaking Notes for Senate BANC Committee November 21, 2018 re Copyright Board
– Howard Knopf, Excess Copyright

Industrial Designs: What’s New?
– Adam Soliman, Nelligan O’Brien Payne LLP

Practice Management

Diversonomics Season 3, Episode 6 | Making an ally: How to capitalize on your discomfort zone
– Roberto Aburto & Cindy Kou, Gowling WLG

Diversonomics Season 3 | Episode 5 The long game: Putting ongoing D&I goals into action
– Roberto Aburto, Gowling WLG

Regulatory Law

Canada’s Supreme Court Clears the Way for New National Securities Regulator
– Brian Kells & Brianna Mayes, Perley-Robertson Hill & McDougall LLP

Alcohol and Gaming Commission of Ontario rolls out licensing regime for cannabis retailers
– Jon-Paul Powers & William Bjornsson, Gowling WLG

Wills & Estates Law

Ontario Superior Court Case — Probate Fees and Double Wills
– Heather Austin-Skaret, Mann Lawyers

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!


Ottawa Blog Roll: October 2018

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

Civil Litigation

“Justice Must be Seen to be Done”–Are LAT Decisions Truly Independent?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Must Condos Grandfather Cannabis Smoking When Adopting a Rule?
– Rodrigue Escayola, Condo Adviser

Smoking Cannabis in Condos is Not a Protected Human Right
– Rodrigue Escayola, Condo Adviser

Changes to the Smoke-Free Act Affecting Condos
– Rodrigue Escayola, Condo Adviser

Cannabis Rules: What Do Condo Owners Think?
– Graeme Macpherson, Condo Adviser

Coming to a Compromise: Condominiums, Cannabis, and Human Rights
– Nancy Houle & Andrea Daly, Davidson Houle Allen LLP

Criminal Law

Indigenous People And The Criminal Justice System: A Book Review
– Anne Marie McElroy, McElroy Law

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

With Bill C-75 Liberals Break Three Promises
– Michael Spratt, Abergel Goldstein & Partners LLP

Pot Pardons: My Choice is What I Choose To Do and If I’m Causing No Harm It Shouldn’t Bother You
– Michael Spratt, Abergel Goldstein & Partners LLP.

Kavanagh Confirmation Sows Decades of Judicial Distrust
– Michael Spratt, Abergel Goldstein & Partners LLP

The Liberals are All Vision, No Reform
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Open Letter Re: Bill 47 and Bereavement Leave
– Sean Bawden, Labour Pains

Court Invalidates Working Notice Period – Qualitative Component Absent
– Sean Bawden, Labour Pains

Court Says New Zealand Lamb Company’s Termination Clause Just Plain Baaa-d
– Sean Bawden, Labour Pains

Sweet Revenge: Business Ordered to Pay Children Minimum Wage for Selling Chocolates
– Andrew Vey, Vey Willetts LLP

Hit Rewind: Ford Government Reverses Bill 148 Changes to Ontario Employment Laws
– Paul Willetts, Vey Willetts LLP

Just cause for dismissal: context is key
– Andrew Vey, Vey Willetts LLP

When is Retraining a Reasonable Approach to Mitigating Loss of Employment?
– Paul Willetts, Vey Willetts LLP

Bill 47 – A Step Backward for Workers in Ontario
– Megan Fultz & Amanda Montague-Reinholdt, Raven Law

Addressing the Gender Wage Gap: The Pay Transparency Act
– Karine Dion & Paul Taylor-Sussex, Nelligan O’Brien Payne

Will They Believe Me? Workplace Investigations and Credibility
– Claire Kane Boychuk, Nelligan O’Brien Payne

Entertainment & Sports Law

Concerned about risk? #METOO : A Discussion on Civil Liability, Sports and the #MeToo Movement
– Jahmiah Ferdinand-Hodkin & Scarlett Trazo, Gowling WLG

An Intro to VR Legal Issues
– Edwards PC, Creative Law

Continue Reading…


Ottawa Blog Roll: September 2018

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

Civil Litigation

Ontario Laws Now Tougher on Careless Drivers Who Endanger or Hurt Pedestrians
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Another Court-Ordered Condo Unit Sale
– James Davidson, Davidson Condo Law

Municipal Elections: Can Condo Owners Post Electoral Signs?
– Graeme Macpherson, Condo Adviser

Is this Condo Rule Legal?
– Rod Escayola, Condo Adviser

Privacy or Transparency in Condos: What Info Should your Neighbour Get About You?
– Rod Escayola, Condo Adviser

Who Should Pay the Costs Incurred by the Corporation in an Application for Compliance?
– Cheryll Wood, Davidson Condo Law

Corporate Commercial Law

Update on Cannabis Retail Regulations
– Mark Asfar, Momentum Business Law

Employment & Labour Law

Today’s Tip for Making a Termination Clause Legally Binding: KISS
– Sean Bawden, Labour Pains

Changing One’s Mind about Retirement
– Sean Bawden, Labour Pains

Vicarious liability for the intentional torts of workers
– Mark Josselyn, Gowling WLG

Rights and Responsibilities of Ontario Restaurant Owners and Employees
– Paul Willetts, Vey Willetts LLP

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation
– Paul Willetts, Vey Willetts LLP

Do employees of an unlicensed cannabis dispensary have any rights?
– Megan Fultz, Raven Law

Does Making a Worker Don Risque Garb Violate Employee Rights?
– Vice & Hunter LLP

Is an Employer Required to Offer Alternative Employment Before Terminating an Employee?
– Michel Nolet, Nelligan O’Brien Payne

Family Law

Adoption and non-spousal relationships: Marta’s groundbreaking case
– Paul Taylor-Sussex, Nelligan O’Brien Payne

Indigenous Law

Kivalliq Hall designated as an Indian Residential School
– Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

ISPs Entitled to Compensation for Costs of Identifying Infringing Subscribers
– Julia Werneburg & Stéphane E. Caron, Gowling WLG

One-year anniversary of the CSP Regulations
– Alexander Camenzind, Gowling WLG

Notice or Norwich: Who foots the bill for identifying online infringers?
– Matthew Estabrooks & Graeme MacPherson, Gowling WLG

Rogers Wins in Supreme Court of Canada
– Howard Knopf, Excess Copyright

More On Mass Copyright Litigation in Canada – Part II
– Howard Knopf, Excess Copyright

American NAFTA Inconsistency Re Copyright Term Extension – And Why This Issue Matters Bigly & Involves Billions
– Howard Knopf, Excess Copyright

Practice Management

Diversonomics | Season 3 Episode 1 | The paradox of manning up: A deep dive into unconscious bias
– Roberto Aburto & Sarah Willis, Gowling WLG

How compensation plans are wrecking law firms
– Jordan Furlong, Law21

Real Estate Law

5 things commercial landlords should know about the new Construction Act
– Laurie J. Sanderson, Gowling WLG

Trade Law

Canada’s Trade Relationship With The USA Today: The Upside Down
– Richard G. Dearden, 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!


Meeting Rooms Now Available for Reservation in the CCLA Library

For those of you who have had a chance to come visit our newly-renovated-but-not-quite-finished library space (and if you haven’t, it’s worth the trip!), you may have noticed our two newly-furnished meeting rooms opposite the library computers. To answer your burning question: yes – these are for you!

We’ve been asked about meeting space in the courthouse for years, so we’re happy to now be able to provide these Lees and Kealy Rooms for small groups (4-6 people) to use. Additionally, you can now reserve these rooms by sending us an email with your name, contact information, and the date/time you will need a room. You’ll receive a confirmation by email when the room has been booked.

Of course, before you go crazy here are some ground rules:

  • There are NO CLIENTS permitted.
  • Reservations can be no longer than 3 hours at a time.
  • Food and drink are allowed but please make sure the room is clean and tidy when you leave.
  • If you’re not here within 30 minutes of the start time, we’ll release the room.
  • Please make sure to finish up on time for the meeting ending – if you need to extend your time, check the schedule to see if there is room.
  • Priority may be given to larger groups, or groups who use the rooms less frequently.

 

So let us know if you’d like to book!

 


Ottawa Blog Roll: August 2018

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

Civil Litigation

Ontario’s Alarming Spike in Transport Truck Collisions
– Frank Van Dyke, Van Dyke Injury Law Blog

Doing the Right Thing the Wrong Way
– Anthony McGlynn, Perley-Robertson, Hill & McDougall LLP

Condominium Law

Should Condo Owners be Allowed to Inspect Proxy Forms?
– Rodrigue Escayola, Condo Adviser

New Regulations Applicable to Condo Pools
– Jocelyn Duquette, Condo Adviser

2,000 Condominiums Have Yet To File Their Returns With The CAO!
– Melinda Andrews, Davidson Condo Law

Claim by Landlord Against Tenant For Unauthorized Airbnb
– James Davidson, Davidson Condo Law

Corporate Commercial Law

Cannabis Retail is Coming to Ontario
– Mark Asfar, Momentum Business Law

Criminal Law

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

Employment & Labour Law

HRTO creates new rule for employers regarding citizenship-based recruitment criteria
– Andrew Vey, Vey Willetts LLP

Assessment of Damages in Sexual Assault Cases
– Sean Bawden, Labour Pains

Managing Marijuana at Work
– Alayna Miller, Mann Lawyers

Do You Have to Put Up With “Locker-Room” Talk in the Workplace?
– Karine Dion, Nelligan O’Brien Payne

Denying Employees’ Benefits Based on Age is Discrimination and Unconstitutional
– Karine Dion, Nelligan O’Brien Payne

Family Law

Polyamorous relationships and the best interests of the child
– David Ang & Paul Taylor-Sussex, Nelligan O’Brien Payne

Health Law

Health Canada invites public comments on new post-market reporting regulations
– Ben Pearson & Karl Racine, Gowling WLG

Indigenous Law

Discrimination in Canada’s Prisons: Risk Assessment Tools and Indigenous Prisoners
– Natasha Chettiar & Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

Standard of Review: The Beginning of the End or the End of the Beginning?
– Howard Knopf, Excess Copyright

Will the Canadian Voltage Reverse Class Action Now Fizzle?
– Howard Knopf, Excess Copyright

More On Mass Copyright Litigation in Canada – Part I
– Howard Knopf, Excess Copyright

Practice Management

Partner succession and law firm ownership
– Jordan Furlong, Law21

Security Law

Canada’s Foreign Intelligence Desert
– Craig Forcese, National Security Law

Trade Law

Possible Canadian Safeguard Action Against Steel Imports: Steel Importers, Distributors Consumers and End-Users Should Take Action
– 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!


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)