Jennifer Walker


End of Year Review 2017

This is our last week of posting on Robeside Assistance for 2017, so we wanted to kick things off with our year end review! This year has gone by in a blur, especially these last few weeks as we get the library ready for renovations in the new year. (To answer a question we’re asked a lot: Nope, we didn’t get the month of December off! We’ve been super busy organizing the book collection, furniture, and assorted belongings of the Association. It’s like packing up your house, when you’ve been living in it for 30 years!)

We expect things to be a bit hectic around here for much of the next year, but we’re delighted that we’ll still be able to blog and bring you the latest news in online research, new books, cool throwbacks, and of course, Ottawa blogs and decisions. Tomorrow, we’ll be publishing our Clawbie picks for 2017, so stay tuned for those.

Much like last year, our most-read posts are always the Ottawa decision and blog post round-ups. In case you missed them the first time around, here are some of our other most popular blog posts from 2017:


#ThrowbackThursday: Rules of Practice, 1888 2

We’re right in the middle of moving / weeding / rearranging / packing the library collection, and one set of titles we just moved were our back editions of the Ontario Annual Practice. Before we moved them, our best guess was that we had them back to the 80s. The 1980s. We soon realized it was the 1880s. This item isn’t exactly rare (we have two copies!), but it is certainly cool to look at.


Recently Published Ottawa Decisions

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

Family Matters

Gopenko v. Paré (2017 ONSC 6940)
children — father — school — parenting — spousal support
Justice J. Audet

Curry v. Curry (2017 ONSC 7028)
income — spousal support — antiques — child support — cottage
Justice T. Engelking

Leduc v. Leduc  (2017 ONSC 6987)
spousal support — income — equalization — daycare — will
Justice C. MacLeod

Fletcher v. Thomas (2017 ONSC 5864)
expenses — child support — orthodontics — income — premiums
Justice S. Kershman

Bernard v. Fuhgeh (2017 ONSC 6953)
daycare — motion — access schedule — child — affidavit
Justice L. Sheard

Continue Reading…


#ThrowbackThursday: CCLA Library, 1986 – 2017

It is incredibly hard for us to believe, but this is our last day of normal library service in the CCLA Library as we know it! Starting tomorrow, we’re closed down for the month of December so we can empty the space out and get ready for renovations to start in the new year. We’re going to take a whole load of photos of the library and lounge today, so that we have them to do some incredible before and after shots with later (and for posterity, of course!). I’m hopeful we’ll be able to show you some “In Progress” shots as well over the next year. Stay tuned!


#ThrowbackThursday: Quicksearch User’s Manual 2

Fellow fans of old tech, behold: a Quicksearch User’s Manual!

As we get ready to renovate the library, we’ve had to do a massive clean out of our belongings. Our ED Rick found this jewel tucked away in the depths of our storage locker.

Quicksearch was the precursor to Quicklaw. Undoubtedly some of you remember the early days of online searching for cases. No fancy interfaces here! Just DOS-like prompts over dial-up modems. This user’s manual was a looseleaf (last updated here in 1993), that showed you how to carry out the (by today’s standards) very complicated search strings needed to retrieve a case. I took a few photos from the book; enjoy! (Click on any picture to make it bigger.)

 

 

 

 


Recently Published Ottawa Decisions

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

Family Matters

McIntyre v. LaBoissonniere (2017 ONSC 6682)
spousal support — separation agreement — interim — children — motion
Justice M. Shelston

Elkout v. Elkout (2017 ONSC 6797)
child support — retroactive — behavior — offer — settle
Justice M. Linhares de Sousa

Giron v. Giron (2017 ONSC 6721)
child support — costs — articling student — junior — full indemnity
Justice S. Corthorn

Labrèche v Labrèche (2017 ONSC 6702)
child of the marriage — equalization — provable in bankruptcy — resulting trust — separation
Justice H. Williams

N.H. v. J.H. (2017 ONSC 6607)
spousal support — marriage — child — separation — limited-term support
Justice J. Mackinnon

Quenville v. Goodfellow (2017 ONSC 6549)
children — parent — father — school — custody
Justice J. Audet

Civil Matters

TD Bank v. Perodeau (2017 ONSC 6798)
mortgage — motion — affidavit — possession — defended
Justice C. MacLeod

9402209 Canada Inc. v. 2434989 Ontario Inc. (2017 ONSC 6735)
work platforms — brackets — interlocutory injunction — building — encroach on the property
Justice C. Aitken

Franklin v. Corporation of the City of Ottawa (2017 ONSC 6703)
sub-rule — vexatious — frivolous — endorsement — mail
Justice R. Beaudoin

Saini v. Labelle (2017 ONSC 6632)
anti-psychotic medication — argues — incapacity — credit card — reasonableness
Justice S. Kershman

Magenta Mortgage Investment Corporation, et al. v. Ashlar Construction Ltd., et al. (2017 ONSC 6621)
mortgage — payments — property — deficiencies — equitable estoppel
Justice A. Doyle

Simms v. Simms (2017 ONSC 6624)
testator — father — appointed — estate — funds
Justice C. Hackland

Saikely v. Saikely (2017 ONSC 6462)
vexatious — pleading — hallmarks of frivolous — abuse — process
Justice R. Beaudoin

Divisional Court Decisions from Ottawa Judges

State Farm v. Asamoah et al (2017 ONSC 6696)
procedural fairness — remitted for re-hearing — entitlement — application for judicial review — reasons
Justices F. Kiteley, L. Pattillo, and L. Sheard

Frederick v. Van Dusen (2017 ONSC 6681)
spring — septic system — proposed cross-appeal — effluent — reasonable person with the abilities
Justice R. Ryan Bell

Court of Appeal Decisions of Local Interest

Bois v. MD Physician Services Inc. (2017 ONCA 857)
installments — bonus — employee — pay-out dates — resignation
Justices J. Simmons, P. Rouleau, and D. Brown


#ThrowbackThursday: Civil Litigation Updated 1987

Our last cornerstone conference of the year kicks off tomorrow, so this means our last throwback in 2017 to the conferences from years past. For this year’s “Mont Ste. Trembello” (Mont Ste. Marie + Tremblant + Montebello), I’ve pulled up the agenda from 1987. As a special treat, we also have a copy of the registration form (a nerdy attention to detail that maybe only I enjoy, but I’ve included for you regardless).

 


Category Browse on JustisOne

Anyone who has been to my training sessions has heard me say that I am a huge fan of browsing. For legal research, I love being able to browse through tables of contents, indices, alphabetical lists, or subject guides to drill down to the specific set of information that I need, as opposed to just entering keywords or case or legislation names I’m not entirely sure about. As such, I was very excited to hear that JustisOne, a UK legal research platform that we subscribe to in the library (read more here!), was launching a browse feature. This feature would allow the researcher to choose from a list of categories, or subject areas, and drill down into more specific topics within that general area, ultimately finding cases on that point.

As of this this week, the beta version of the browse functionality has been added to the platform, so here’s a look at this brand-new feature. I’ve recently read a book for the Canadian Law Library Review on reproductive donation, so since it’s fresh on my brain, I’ll use this as an example. Click on any picture to make it bigger.

From the homepage of JustisOne, you can see on the left side bar a new icon – for the browse feature.

When you click on that icon, you open up the browse screen. A brand new column appears, with a list of topics presented alphabetically. These are the broadest levels of topics.

You can click to select a topic, and as you do, another column will open up with more specific categories to do with that initial topic. You can keep clicking and with each new column that is added to the right, you will get more and more specific topics. As you can see below, this browse went through a path of looking for family law cases, then cases to do with children, to do with assisted reproduction, and then finally donor identity.

 

You can keep clicking until you either reach a point where you’re satisfied (say you didn’t want anything more specific than “assisted reproduction”) or until there is nothing more specific to drill down to. This example above could actually have kept going to even more specific topics than donor identity. Finally, once you’re ready to see the cases under the category you’ve browsed to, you can click on the “Find Cases” button atop the columns:

This will bring up a list of cases that have been categorized under that topic:

You can also use these categories as a starting point to do a search. For example, here I stopped clicking through to more specific topics when I reached “assisted reproduction.” You can see that in the search box, and the number of cases is listed below that box:

I can add terms to that search box, however, to search just within the cases that were identified as being about assisted reproduction. In this example, I searched for cases classified as being about assisted reproduction, which also mention the phrase “embryo transfer”:

 

I think this is a really great addition to JustisOne, and one that you may find helpful in your research. Foreign law research can be quite daunting, but with this new browse function walking you through legal topics, not just entering key words in and hoping for the best, you may find case law searching from the Commonwealth to be a fair bit easier. I’ve heard that Justis is working to add more and more cases to the categories and sub-categories, which is just great. JustisOne is available on all of our library computers; let us know if you need any help using it!


Recently Published Ottawa Decisions

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

Family Matters

Bloom v. Bloom (2017 ONSC 6555)
spousal support — income — variation — marriage — separation
Justice J. Audet

Makdissi v. Masson (2017 ONSC 6498)
children — extraordinary expenses — income — tuition — postsecondary
Justice C. MacLeod

Jones v. Jones (2017 ONSC 6496)
matrimonial home — value — separation — property — marriage
Justice P. Roger

M.D. v. A.C. (2017 ONSC 6260)
marriage contract — spousal support — draft — financial disclosure — indicated
Justice T. Engelking

Civil Matters

Loy-English v. The Ottawa Hospital et al. (2017 ONSC 6533)
medical actions — intervene — solicitors — proceeding — negligence
Justice C. Hackland

7321201 Canada Ltd. v. Intact Insurance Company (2017 ONSC 6480)
independent adjuster — building — motion to set aside — email — settlement proposal
Justice S. Corthorn

Mahmood Wali Mahmad v. Ottawa Police Services Board et al. (2017 ONSC 6276)
without leave to amend — pleading — struck — otions — strike
Justice M. O’Bonsawin

Eliot Shore v. Capital Sports Properties Inc. et al. (2017 ONSC 6271)
pleading — without leave to amend — otions — strike — controversy between the litigants
Justice M. O’Bonsawin

MNP Ltée. v. Armorer (2017 ONSC 6268)
fees — partnership assets — proceeds of the liquidation — stakeholders — amount
Justice R. Beaudoin

Criminal Matters

R. v. Sharmake Egueh (2017 ONSC 6293)
sureties — must — victim — bail — conditions
Justice M. O’Bonsawin

R. v. Ader (2017 ONSC 6263)
contested information — disclosure — receive a fair — adjournment — defence
Justice R. Smith

R. v. J.O. (2017 ONCJ 704)
apartment — mug — elevator — video — consenting
Justice P. Doody


#ThrowbackThursday: Happy Birthday, CBC! 2

I can’t be the only person who sees reference to an old piece of legislation and then wants to look it up for themselves. When I saw today’s date – November 2 – listed as parliament passing the Canadian Broadcasting Act, I immediately jumped over to HeinOnline to look at the statute from the source law. I was disappointed to see that this information was a bit misleading – The Canadian Broadcasting Act, 1936 was assented to in June 1936.

Page one of SC 1936 c. 24. (If you’d like a copy of the whole act, let us know!)

The CBC did, however, go live to air on November 2, 1936, replacing its predecessor the Canadian Radio Broadcasting Commission (which itself replaced CNR Radio). Two days after, on November 4, a formal welcome was given by CBC Chairman Leonard Brockington – you can listen to this 15 minute clip on the CBC Archives.