Brenda Lauritzen


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!


The 2017 Clawbie Awards: Our Nominations!

Clawbies Logo

We’re so excited that it’s Clawbie time again! Since there are so, so many superb choices to pick from and we are limited to three nominees, we decided again to stick with what we did last year: highlighting some of our favourite bloggers local to the Ottawa region. So here we go!

Ottawa Employment and Labour Law Blog
Andrew Vey & Paul Willetts (Vey Willetts LLP) / @VW_Lawyers

Andrew and Paul’s blog is so accessible, which is something we really appreciate as members of a law-adjacent profession! We love their writing style and their posts are always interesting, relevant and timely.

Some of our favourite blog posts this year:

 

Law21 Blog
Jordan Furlong / @jordan_law21

Anyone who’s read a post on Law21 can appreciate how thoughtful, insightful, and forward-thinking they are, and we are no exception. 

Some of our favourite blog posts this year:

 

Diversonomics Podcast (or on iTunes)
Roberto Aburto & Sarah Willis (Gowling WLG) / @robaburto

A timely and welcome addition to the ever-growing Canadian legal podcast scene, we were delighted to discover the Diversonomics series by local Gowling WLG lawyers. Roberto and Sarah launched season two this year, which continues to take on the difficult topics of diversity and inclusion in the legal profession.

Some of their notable episodes this year:


Ottawa Blog Roll: November 2017

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

Civil Litigation

Court Of Appeal Clarifies Pre-Judgment Interest Rate
– Edward Masters, Mann Lawyers

Court Of Appeal Clarifies Collateral Benefits Issues
– Edward Masters, Mann Lawyers

License suspensions mulled for distracted driving in Ontario
– Quinn Thiele Mineault Grodzki LLP

How Much “Good Faith” Must the Insurer Show its Insured?
– Frank Van Dyke, Van Dyke Injury Law Blog

Could Judge Decide MVA Case on “Geometry Alone”?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Disclosure Obligations of Condo Directors at AGMs
– Rod Escayola, Condo Adviser

Electric Vehicle Charging Stations in Condos?
– Rod Escayola, Condo Adviser

The New Periodic Information Certificate
– Rod Escayola, Condo Adviser

New Airbnb partnership may impact condominium law
– Merovitz Potechin LLP

Helpful Recent Decision About Condominium “Changes”
– James Davidson, Davidson Houle Allen LLP

The New Condominium Authority Tribunal Rules Are Out!
– James Davidson, Nancy Houle and Christy Allen, Davidson Houle Allen LLP

Corporate Commercial Law

Federal Government Responds to Feedback on Proposed Changes
– Alanna T. Mar, Perley-Robertson, Hill & McDougall LLP/s.r.l

Criminal Law

Bail Reform: Naqvi Tells Crown Attorneys to Follow the Law
– Michael Spratt

Bill C-51: On Sexual Assault, Records And The Right To A Fair Trial
– Anne Marie McElroy, McElroy Law

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

Employment & Labour Law

Brave New World: ONCA Says that in Asset Transaction, an Offer of Employment is Sufficient Consideration for Material Changes
– Sean Bawden, Kelly Santini LLP

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice
– Paul Willetts, Vey Willetts LLP

Same Game, New Rules: Changes to Ontario’s Workplace Laws
– Paul Willetts, Vey Willetts LLP

Working Notice Inappropriate for Employees on Disability Leave
– Sean Bawden, Labour Pains

Undertaking to Comply with the ESA does Not Displace Common Law Presumption of Reasonable Notice
– Sean Bawden, Labour Pains

Mooch Ado About Nothing: Being Fired Before You Begin
– Sean Bawden, Labour Pains

Failure to Comply With Employment Standards Act Minimum Requirements Is Fatal to Employers
– Jean-Francois Lalonde, Vice & Hunter LLP

Postmedia-Torstar Deal Means Wrongful Dismissal Suits Likely to Follow
– Jean-Francois Lalonde, Vice & Hunter LLP

Continue Reading…


Compendium of Damages Awarded in Personal Injury Actions Across Ontario, January 1999 – October 2017 Update

The CCLA Compendium of Damages Awarded in Personal Injury Actions Across Ontario has been updated to October 2017! 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 your future reference, you can find this publication on the CCLA website under our “Civil Litigation” practice portal.

Also, if you’re looking for the CCLA’s Compendium of Costs, our most recent update is from 2015 – you can find that here.

 


Ontario Courthouse Local Counsel Insight Project

A couple months ago we highlighted Sean Robichaud’s online and freely available Criminal Law Precedent Collection; well, they’re at it again! The firm has taken it upon themselves to compile courthouse information for all the courthouses in Ontario, including information on local (criminal) practice, resources, and contact information for key personnel in each area. This is an out-of-town counsel’s dream!

You can find the Local Counsel Insight Project here.

This is all made possible from submissions from local counsel in each area. If you have information about an Ontario courthouse and would like to contribute to their project, please fill out this form to help them out!