Jennifer Walker


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Bernard v. Fuhgeh (2017 ONSC 4727)
motion — conference — urgent — bias — affidavit
Justice J. Audet

Bielser v. Bielser (2017 ONSC 4703)
motion — costs — characterizes — primary residence of the children — reasonableness
Justice T. Engelking

Crofts v. Crofts (2017 ONSC 4676)
child is habitually resident — custody — jurisdiction — email — motion
Justice T. Engelking

Yovcheva v. Hristov (2017 ONSC 4660)
indemnity rate — costs to be paid — proper — represented — endorsement
Justice T. Engelking

K.E.L.(L) v. S.L. (2017 ONSC 4656)
motion — custody — access — children — submits
Justice T. Engelking

Civil Matters

D.L. v. Kay (2017 ONSC 4724)
anti-psychotic medication — treatment — declining — appreciation test — psychiatrists
Justice C. Hackland

Continue Reading…


#ThrowbackThursday: Statutes of Canada 1888

This week’s Throwback was scheduled to be something else, but I found this book while weeding the legislation section of the library yesterday and couldn’t resist.

Below, pictures from one of our volumes of the Statutes of Canada 1888, where someone (the librarian? A lawyer?) pasted legal stories from the newspaper into the first pages of the book. A nice time capsule item of how legal information was captured way-back-when.

 

  

 

 


Library Titles Available for Cost of Shipping

As we prepare to renovate the CCLA Library, we are removing select titles from our print collection. We’d like to see as many of these items as possible land in happy new homes, so we’re going to keep an updated list of items that we have available for the taking up here on the blog. If you see anything on this list that you would like, please get in touch. All items are free but for the cost of shipping (if you have a shipping account number we can charge to, that would be the absolute best).

Additionally, if there is something specific you’re on the lookout for, please let us know – we might just have it but haven’t marked it for weeding yet.

You can email us at library@ccla-abcc.ca, or give us a call at 613-233-7386 extension 221 (or toll-free in Ontario at 1-866-637-3888).

Updated August 8, 2017

Legislation – Canadian

Statutes of Canada, Various Years (Contact for specific volume information)

Revised Statutes of Canada 1970

Revised Statutes of Canada 1985 (missing volume 1)

Alberta Statutes, 1960-2008

British Columbia Statutes, 1960-2002

British Columbia Revised Statutes 1960

Manitoba Statutes, 1960-1966

New Brunswick Statutes, 1960-2002

Newfoundland and Labrador Statutes, 1952-2007

Prince Edward Island Statutes, 1960-2008

Quebec Statutes, 1959-60-2008

Quebec Revised Regulations 1981

Quebec Gazette Part 2, 1977-1988

Saskatchewan Statutes, 1960-2008

Yukon Statutes, 1994-2008


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Yovcheva v. Hristov (2017 ONSC 4647)
offer — depleting — motion — costs — attempting to inflict financial harm
Justice T. Engelking

Assaf v Al-Shehimi (2017 ONSC 4534)
father — motion — sole custody of the child — access — successful
Justice J. Audet

Bloom v Bloom (2017 ONSC 4506)
income — set-off amount — spousal support — imputed — interim
Justice A. Doyle

CAS v R. & F. (2017 ONSC 4483)
contact — provided that the can arrange — notify — supervised — access
Justice P. Roger

Nolan v Nolan (2017 ONSC 4465)
matrimonial home — children — spouse — equalization — value of pre-marriage assets
Justice T. Engelking

Munyal v Dhillon (2017 ONSC 4438)
delay — prejudice — motion for summary — evidence — reinstated
Justice L. Sheard

N.H v J.H. (2017 ONSC 4414)
motion — re-open — urgency — temporary — orders
Justice C. MacLeod

Nderitu v Kamoji (2017 ONSC 4373)
costs — offers to settle — successful — table child support — spent
Justice M. Shelston

Luckman v Luckman (2017 ONSC 4364)
bad faith — successful — costs — offer to settle — arrears
Justice M. Shelston

Evans v Evans (2017 ONSC 4345)
pre-trial questioning — litigation — appreciate the reasonably foreseeable consequences — mental — depressive
Justice A. Doyle

Civil Matters

Frantz v. NB Thrilling Films 4 INC. et al. (2017 ONSC 4637)
policy — bond of an insurer — security for costs — dog bite — adequate substitute
Justice C. Hackland

Uriu v. Rivadeneyra (2017 ONSC 4574)
secondment — relocate — will — correspondence — riddled
Justice L. Sheard

Paquette v Hemish (2017 ONSC 4505)
brother — draft amended statement of defence — power of attorney — lawyer — litigation guardian
Justice H. Williams

6443923 Canada Inc. v Panahi (2017 ONSC 4489)
indemnity — summary judgment motion — costs — must decide the scale — actions
Justice C. MacLeod

ORBCOMM Inc. v Randy Taylor Professional Corporation (2017 ONSC 4488)
motions — divest — defamation — costs — modest
Justice C. MacLeod

Allianz v Canada (Attorney General) (2017 ONSC 4484)
non-settling — settling — crossclaims — litigation — indemnity
Justice C. MacLeod

1550988 Ontario Limited v Burnford Realty Limited (2017 ONSC 4407)
alleged breach of the lease — motion — costs — substantive — success
Justice S. Corthorn

Ramos v Hewlett-Packard (Canada) Co. (2017 ONSC 4413)
without prejudice — separation package offer — buy peace — letter — wrongful dismissal
Justice R. Ryan Bell

Carleton Condominium Corporation No. 282 v Yahoo! Inc. (2017 ONSC 4385)
originator of the emails — yahoo com — bona fide — defamatory — information
Justice R. Ryan Bell

Criminal Matters

R. v Ali (2017 ONSC 4531)
sentencing — binding — plainly wrong — mandatory minimum punishment — comity
Justice L. Sheard

R. v Wammes (2017 ONSC 4336)
delay — charges — transitional — disclosure — preliminary inquiry
Justice C. MacLeod

R. v. D.B. (2017 ONCJ 501)
child pornography — sexual — offences — presentence custody — sentence
Justice R. Wadden

 


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Fincham v Fincham (2017 ONSC 4279)
father — child — income — support — gifts
Justice J. Audet

Van Haren v Stewart (2017 ONSC 4238)
income — farm — support — imputed — interim
Justice C. MacLeod

Deslauriers v Pommainville (2017 ONSC 4212)
amount — costs — child support — email — expenses
Justice A. Doyle

Rivest-Marier v Emond (2017 ONSC 4197)
father — access — child support — school — custody of the child
Justice M. Shelston

Hicks v Sbardella (2017 ONSC 4204)
expenses — reargue — volleyball — supplementary — emails
Justice M. Shelston

Obam Dallaire v Dallaire (2017 ONSC 3998)
spousal support — ceiling — income — amount — bonus
Justice R. Beaudoin

Bielser v Bielser (2017 ONSC 4111)
children — preferences — views — reside — primary
Justice T. Engelking

Perrier c. Caron (2017 ONCS 4093)
outrage — visites — motion — compétence — père
Juge A. Doyle

Assaf v Al Shehimi (2017 ONSC 4278)
child — father — parenting — daughter — access
Justice J. Audet

Civil Matters

Howard and Associates Inc. v Tomasek Agencies Inc. (2017 ONSC 4291)
dependent contractor — socks — affidavit of documents — declaration — motion
Justice M. James

Carr v Ottawa Police Services Board (2017 ONSC 4331)
officers — cell — arrest — evidence — damages
Justice S. Corthorn

Blackwood v Doe (2017 ONSC 4276)
minor — litigation guardian — settlement — prejudgment interest — injured
Justice H. Williams

Continue Reading…


#ThrowbackThursday: Charles Stanley Monck, 4th Viscount Monck

You’re thinking “Who?” At least to me, Lord Monck, Viscount Monck, or any other variation isn’t exactly a household name. With confirmation yesterday, however, that Julie Payette will be the next Governor General of Canada, I started looking at the history of that position, and who the first person to hold it was.

Charles Monck, 4th Viscount Monck, 1st Governor General of Canada, Winner of “Best Beard 1867” (One of those isn’t true.)

Charles Monck, later 4th Viscount Monck, later still Baron Monck, was born in Ireland, has the distinction of being both the last Governor General of the Province of Canada, and the first Governor General of Canada after Confederation. He was also a lawyer, having done law school at Trinity College in Dublin and called the bar at King’s Inn in 1841. According to the Canadian Encyclopedia, “Monck displayed considerable diplomatic skill in dealing with the serious Canadian-American tensions of the day. A keen advocate of the defence and political consolidation of BNA, Monck was one of the architects of the Great Coalition, devised to carry Confederation, and he worked assiduously to overcome opposition to Confederation in Nova Scotia and New Brunswick.” Fun fact: Rideau Hall was purchased and established as official viceregal residence during his tenure. You can see here a picture of Lord Monck with his family and staff outside of the building in 1866:


When Lord Monck’s term was over, he returned to Ireland. He was succeeded by the second Governor General of Canada, with a name many of us are likely much more familiar with, at least in passing: John Young, 1st Baron Lisgar.

 


Asked and Answered: Canadian Railway Cases

This question has come up a few times now at the library, usually stated something like this:

I’m looking for a case that I can’t find. The citation is 1 CRC 461. Help!!

The citation “CRC” refers to a dusty, but clearly still useful, law report series titled Canadian Railway Cases. While this was published originally by Canada Law Book, it still hasn’t made its way in its entirety onto WestlawNext Canada. It seems that if the case was also reported in another law report series, it will be available on the electronic services (most likely), but if the case only appeared in the CRCs, it will probably be just available in the print version for now.

The series ran from 1902 to 1939, and we are fortunate to still have this set in our collection. So, if during your research you find you need a case with that citation and you can’t find it on any of the online services, we’re only a quick email away, and we’d be happy to send it over for you!

 

 


Changes Ahead!

A couple of weeks ago, we were given the go-ahead to start prepping the library for the long-awaited renovation. I’m sure you can imagine our delight and excitement! In the coming months, we will be pruning the book collection and removing bookshelves from our space. “Weeding” a collection, as it’s known in the library world, is a process that takes a fair amount of time to complete properly, even more so when you’re doing a large scale weed like we’ll be doing for the renos. The renos are still a ways off, but the books need to be attended to first!

The first set of books to leave the library are select volumes of legislation from other provinces. The next stop for those books, we’re happy to say, will be HeinOnline, where they will be helping to increase the amount of Canadian legislation available in that database. (Did we mention LSUC licensees get free HeinOnline access? Contact us for details!).

We are currently working on our renovations plan, including which services and materials will be available during construction. We will make everyone aware of those plans when they are finalized. For now, however, we’re business as usual, just with slightly fewer books and shelves, and slightly more dust!


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

CAS Ottawa v S.H. & M.B. (2017 ONSC 3906)
child — evidence — kin — access — motion
Justice C. MacLeod

Perry v Perry (2017 ONSC 3836)
reconstituted — estate — releasing — unavailable — concerning
Justice T. Ray

Giron v Giron (2017 ONSC 3712)
ceremony — access visits — child — marriage — counselling
Justice S. Corthorn

Syed v Syed (2017 ONSC 3739)
bad faith — costs — disclosure — successful — income
Justice A. Doyle

Civil Matters

Farah v EODC Inc. (2017 ONSC 3948)
termination — employment — notice — contract — common-law presumption
Justice S. Kershman

Nemchin v Green (2017 ONSC 3907)
rate — cent — post-judgment interest — pre-judgment interest — non-pecuniary
Justice S. Corthorn

Continue Reading…


Advanced Search Forms Now Available on Lexis Advance Quicklaw

This is an update to the Lexis Advance Quicklaw database that we are super excited for. If you’re a Quicklaw user, check this out:

Advanced search forms are now available on Lexis Advance Quicklaw. If you like being able to search for cases, legislation, or other materials using highly detailed search forms that allow you to search for documents with specific pieces of information, this is for you.

From the home screen…

 

You will find the quick link to the advanced search forms above and to the right of the search bar. Click on this to get to this screen:

Continue Reading…