Jennifer Walker


#ThrowbackThursday: Renovations Before and After

While our new space is beautiful and a huge upgrade on the old library, I think the number one question is “Is this still a bathroom?” with a jiggling of the handle of the door next to the main entrance. Runner up questions include “Is there a washroom here?” and “Where is the washroom?” Sensing a theme, here’s a before and after (and a work-in-progress) shot for you on the state of our washroom!

Before

These are the rooms everyone is looking for! Immediately to the right when you walked into the library, these trusty washrooms served us all for decades.

After

This door is what you’ll see in that place now! It’s actually a new door (all of the doors in this space were no longer to code, so this one is a bit wider than previously), and it’s not the entrance to a washroom at all. This is our new IT room – the IT room was previously an office that was on a window. What a waste of a window!

Right Now

So to answer the earlier questions about where a bathroom will be, here’s a recent picture from the Phase 2 construction area. The new washroom will be in the lounge, and for the moment is simply a red outline on a brick wall. In the old library set-up, we used to have a rather large room sitting in the middle of our space that had nothing in it but a piece of decommissioned air conditioning equipment. Occasionally an awful smell would come out of the room and the building would open the door to investigate, but other than that the room was pretty well abandoned! We asked for this space to be included in the renovation, and it’s now being turned into a nice, new, clean, and accessible washroom. This picture gives the impression that this is some hobbit-sized door, but it’s definitely not! The ceiling is currently removed in the entire area, so it’s a bit of an optical illusion. When the ceiling is back up, it won’t look quite so pint-sized.


Recently Published Ottawa Decisions

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

Family Matters

Nafar-Ross v. Raahemi (2018 ONSC 4112)
costs — motion — child — successful — expectations
Justice P. Roger

Piacenti v. Thomson (2018 ONSC 4108)
access — matrimonial home — school — child support — income
Justice R. Ryan Bell

Pitre v. Lalande (2018 ONSC 3985)
post-judgment interest rate — father — arrears — post-judgment interest rates — accrue as of the date
Justice S. Corthorn

Mancini v. Mancini (2018 ONSC 3970)
income — bad faith — spousal support — motion — billable
Justice M. Shelston

A.Z. v. H. (2018 ONSC 3968)
costs — child support — arrears — equalization — full recovery
Justice T. Engelking

Kruschenske v. Kruschenske (2018 ONSC 3956)
father — children — second weekend — boys — overnight access
Justice P. Kane

Children’s Aid Society of Ottawa v. K.F. (2018 ONSC 3905)
paternal grandparents — children — half-siblings — motion for summary — custody
Justice S. Corthorn

Civil Matters

Leopold Edwin Siberg v. Bruyère Continuing Care Inc. (2018 ONSC 4235)
hospital — injunction — care — video — cameras
Justice C. MacLeod

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Information for 2018-2019 Articling Students

The CCLA is happy to welcome all of Ottawa’s new articling students for the 2018-2019 articling year! In this post, we’ve put together information for new students about library and other association services to hopefully assist you over the next year.

CCLA Library and Research Assistance Services

The CCLA is currently in the middle of a large renovation project. While it is expected to be completed this fall, we are unable to currently offer a Lounge in the courthouse. We are, however, very excited to share our new Library space with you. Located on the main (2nd) floor of the Courthouse, you can find us across from Courtroom 23. We’re staffed Monday to Friday, 8:30 AM to 4:30 PM. You can also get in touch with us by email.So what do we have? How can we help? Here’s a rundown for you:Our library collection includes:

  • WestlawNext Canada and Lexis Advance Quicklaw, free in-Library use
  • JustisOne and ICLR Online, for British and other commonwealth case law, for in-Library use
  • DivorceMate, for those working in family law
  • Thomson Reuters ProView, for online books, free in-Library use
  • Wide variety of print resources covering almost all subject areas
  • Extensive legislative print collection, including City of Ottawa by-laws

Our services include:

  • Case retrieval
  • Assistance formulating a research plan or suggesting which resources you may want to look at
  • Legislative research help
  • Assistance with Quicklaw and Westlaw use
  • Forms and precedents retrieval

The library is also equipped with computers, printer/copiers, a fax machine, and scanning facilities, so if you need to do any of those while in the courthouse or during your research, we’re here! There is a charge for printing and faxing services, so speak with a CCLA Library staff member for more details on that. We’re a cash-less facility, but we accept Visa, Mastercard, American Express, debit, and firm accounts.

Finally, CCLA members have access to free WiFi in the courthouse. Stop by the front desk of the Library for more details.

The most important thing to remember? We’re here to help!

Tours of the CCLA Library

If you would like a tour of the library, please get in touch and we will work to accommodate you or your group.

Additional Information

CCLA student memberships are available for your articling term! You do not need to be a member to use the CCLA Library, but you will need to be a member should you wish to access the library after hours. It also provides discounts at great member partners, offers discounted rates for CCLA programming, and connects you to our great local legal community. You can register online, or get in contact with our Membership Services Assistant, Sonia Morin.

The CCLA has a great weekly e-newsletter that is completely free and not connected to a membership. Every Wednesday, you’ll get a listing of all the freshest job postings, upcoming CPD, and other news of interest to the legal community. Please sign up for this here. You can modify your subscription preferences at any time.

Finally, follow us on Twitter! We’re also on Facebook and LinkedIn, if that’s more your speed.


New Edition Alert: Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition

“Conduct of an Appeal” has been a favourite at this library over the years. So much so that our copies often go missing! When the 4th edition was announced I decided to be proactive and just order two. I hope I won’t need two, but we always have in the past! Better safe than sorry.

Conduct of an Appeal, 4th edition

We’re processing this book right now, but you’ll be able to find it both in Texts and in the Reserve section (at KF 9058 .ZA2 S66 2018) when we’re done. If you’d like to look at it before then, just ask at the front counter!


Recently Published Ottawa Decisions

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

Family Matters

Alcine v. Murray (2018 ONSC 3856)
child — jurisdiction — municipality — habitually resident — motion
Justice S. Kershman

Hilhorst v. Amaral (2018 ONSC 3782)
income — child support — diploma — completes her post-secondary education — enrolled
Justice C. MacLeod

Thomas v. Osika (2018 ONSC 3769)
father — motion — costs — spousal support — parenting
Justice J. Audet

Howard v. Miller (2018 ONSC 3748)
settlement — service of the motion record — pre-judgment interest — dispensing — indemnity
Justice S. Corthorn

Bloom v. Bloom (2018 ONSC 3666)
father — contempt motion — parenting — conference — children
Justice S. Corthorn

Civil Matters

McMurtry v. McMurtry (2018 ONSC 3893)
management conference — revised financial statements — deadline — report — review
Justice S. Corthorn

1550988 Ontario Limited v. Burnford Realty Limited (2018 ONSC 3869)
mini-trial — month-to-month lease — rectification — scratched — mistake
Justice S. Corthorn

Urbisci v. 2388095 Ontario Ltd. (2018 ONSC 3798)
produce audited financial statements — substantial indemnity basis — application — lawyers — backdated
Justice R. Ryan Bell

2496582 Ontario Inc. v. Duca Financial Services (2018 ONSC 3749)
redeem — three-part test — redemption clause — agreement of purchase — injunction
Justice S. Corthorn

Commissioner of Competition v. X (2018 ONSC 3730)
gender-identifying pronoun — redaction — non-publication — indirectly reveal the s identity — draft
Justice L. Ratushny

Knox v. Loblaws Inc. (2018 ONSC 3679)
litigation guardian — motion record — discontinuance — draft — crossclaims
Justice S. Corthorn

Criminal Matters

R. c. Zelman (2018 ONSC 3810)
partialité — acte d accusation — coordinatrice — réouvrir — déclaration finale
Juge M. O’Bonsawin

R v. Ader (2018 ONSC 2351)
hostages — kidnapping for ransom — captivity — hostage-taking — sentence
Justice R. Smith

R. v. Benhsaien (2018 ONSC 3672)
days of pre-sentence custody — dangerous offender — attack — sentence — personality
Justice C. McKinnon

R. v. Liu (2018 ONSC 3721)
jury — parole — character — degree murder — offence
Justice K. Phillips

R. v. McRae (2018 ONSC 3689)
recall — cross-examine — memory gaps — driving — methadone
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3694)
battered — jury — preemptive homicide as self-defence — evidence — expert
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3727)
jury — air of reality test — defence — self-defence — threat
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3743)
deceased — victim’s disposition for violence — aggressor — self-defence — unknown
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3811)
criminal record — jury — credibility — corbett — deceased
Justice R. Beaudoin

Divisional Court Decisions by Ottawa Judges

Jasmine Princivil v. Mogo Financial Inc., Operating as Mogomoney (2018 ONSC 3916)
overriding error — palpable — amount — disbursements — standard of review
Justice M. O’Bonsawin

Court of Appeal Decisions of Local Interest

R. v. Barkhadle (2018 ONCA 569)
evidence — gun — officer — tackled — apartment
Justices C. W. Hourigan, G. Pardu, and I. Nordheimer

R. c. F.R. (2018 ONCA 568)
dix-huit ans — renseignement qui permettrait d établir — paix qui préside — diffuser — infraction
Les juges A. Hoy, P. Rouleau, et M. Benotto

McPeake v. Cadesky & Associates (2018 ONCA 554)
family trust — motion — standard of care — expert evidence — professional negligence
Justices R. Juriansz, M. Benotto, and J. M. Fairburn


#ThrowbackThursday: Demolition Before and After

Our apologies for the radio silence on Robeside Assistance this last week or so. We have been *busy* moving back into the Library, and we’re very happy to say that we’re almost ready to open up!

Before:

You’ll certainly remember our old front desk and reception area. This was the first view when you got around the corner, and where the library staff worked. That make-shift wall constructed out of bookshelves served us well, but it was definitely time for a change!

After:

You didn’t think I was going to give that away so easily, did you?! Here’s a mere fuzzy glimpse. You can see the real thing next week!

A few notes on when we open:

  • There are still a few little finishes and tweaks before the space is done done. You’ll still love the space anyways – trust us.
  • We’re only going to have a few computers available, and almost no new furniture, so bear with us! The new stuff (which is really nice and comfortable!) will be here in just a few weeks.
  • We’re shifting our hours a tiny bit, so if you want to talk to any of us in person, we’ll only be here until 4:30 (not 5:00, as it was before).
  • The lounge is still closed, and will be until the fall. We think you’ll be ready for the wait when you see how nicely the library turned out.

#ThrowbackThursday: GCTC / CCLA Lawyer Play 2008

The 2018 GCTC / CCLA Lawyer play starts next week (previews are sold out!), so we’re looking back in today’s #TBT to the 2008 play. When I first started working at the CCLA, I was surprised to hear there was a lawyer play (or lawyer bands, or anything artistic really!). The lawyer play is a long tradition, however, with proceeds going to 18 different charities over the years. This year, the play is “Rule of Three” (by Agatha Christie!), and the charity partner is Tungasuvvingat Inuit.

Back in 2008, the play was “Inherit the Wind.” I love the poster for this!


Recently Published Ottawa Decisions

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

Family Matters

Stow v. Davidson (2018 ONSC 3274)
costs — amount — expense — behaviour — offer
Justice D. Summers

Giles v. Bourget (2018 ONSC 3220)
child support — retroactive — income — pay — school
Justice D. Summers

Pygas v. Brown (2018 ONSC 3178)
arrears of child support — adjustment — actual income
Justice S. Corthorn

Crump v. Crump (2018 ONSC 3191)
costs — minor child of the marriage — offer — success — payment
Justice D. Summers

Tzvetkova v. Petrova (2018 ONSC 2899)
grandparent — access — uncle — child — father
Justice R. Maranger

Martin v. Watts (2018 ONSC 3133)
motion — fresh evidence — mortgage — costs — disclosure
Justice C. MacLeod

Nafar-Ross v. Raahemi (2018 ONSC 3054)
post-secondary education — child support — expenses — university — amount
Justice P. Roger

Civil Matters

A.D. Metro v. DW Digital Wireless LP (2018 ONSC 3259)
touchscreen failures — bad batches — email — defective touchscreens — customers
Justice H. Williams

O’Brien v. McGilvray (2018 ONSC 3197)
costs — property — student-at-law — amount — net proceeds
Justice R. Ryan Bell

Ariss v. NORR Limited Architects & Engineers (2018 ONSC 3157)
motion — partial indemnity basis — full-time to part-time hours — entitled — deviate from the costs consequences
Justice S. Corthorn

A.B. v. Waite (2018 ONSC 3155)
costs — offers to settle — net — partial indemnity — offer
Justice C. MacLeod

Ahmad v. Allstate Insurance (2018 ONSC 3110)
designation as catastrophically impaired — settlement — treating psychologist — approval — application for designation as catastrophically
Justice S. Corthorn

Carr v. Ottawa Police Services Board (2018 ONSC 3094)
pre-judgment interest — junior — indemnity — senior — costs
Justice S. Corthorn

Eliot Shore v. Capital Sports Properties Inc. (2018 ONSC 3064)
without leave to amend — allegations — police — pleading — force
Justice M. O’Bonsawin

Mahmood Wali Mahmad v. Ottawa Police Services Board (2018 ONSC 3063)
allegations — breaching individuals — police — struck without leave to amend — pleading
Justice M. O’Bonsawin

Criminal Matters

R v. Ravindra (2018 ONSC 3200)
stops — articulable — pretense — random — check
Justice C. Hackland

R. v. Jahangiri and Jahangiri (2018 ONSC 3037)
package — text messages — conspiracy to import opium — circumstantial evidence — delivery
Justice M. Labrosse

Court of Appeal Decisions of Local Interest

R. v. Inksetter (2018 ONCA 474)
possession of child pornography — images — sentence — deterrence — probation
Justices A. Hoy, J. MacFarland, and L. Roberts

Design Filtration Microzone Inc. v. Cunningham (2018 ONCA 468)
bonus — renews — interfere with the motion — notice period — discretionary
Justices A. Hoy, D. Brown, and G. Trotter

R. v. Lawrence (2018 ONCA 464)
ear — bitten — simmer — bite — drinking
Justices D. Doherty, G. Epstein, and S. Pepall

R. v. Hungwe (2018 ONCA 456)
triers — jury — juror — ex-girlfriend — cousins
Justices H. LaForme, D. Watt, and I. Nordheimer


CALL / ACBD 2018 Preview

Brenda and I are heading off to the Canadian Association of Law Libraries (CALL) conference in Halifax this weekend, and as always, are very much looking forward to it. The theme this year is “Build Bridges / Broaden Our Reach,” a sentiment that resonates with our library and our drive to do more and work with more people. The CALL conference is an excellent opportunity for us to meet and learn from our colleagues across the country, and this year, we’ll both be contributing to the programming! Here are some of the upcoming topics:

Knowledge is Power: The Role of Law Librarians in the Future Legal Market 

Law is becoming a buyer’s market. Armed with unprecedented access to industry data, clients are ready to forge a new relationship with law firms, which themselves are facing competition from alternative legal services providers while coping with shrinking retainers and internal succession crises. In this time of upheaval, many old assumptions are falling away, and new approaches to the business of law are emerging.

In the coming years, law firms will generate revenue from a diverse range of sources — including technology-driven products and the contributions of skilled “non-lawyers” — rather than from the billable efforts of lawyers alone. The critical elements in these new offerings will be knowledge, data and information — and that will make law librarians and legal knowledge managers some of the most important people in the legal world.

Jordan Furlong, a leading legal market analyst and industry consultant, will explain the forces that have brought about such widespread change in the law, describe the key features of both tomorrow’s clients and tomorrow’s law firms, and share his insights and forecasts about the role that law librarians and legal knowledge managers will play in the law firms of the future.

Competitive Intelligence & Government Docs: Find, Use & Create Actionable Intelligence

Locating and analyzing government information can be a daunting and convoluted task, however honing these skills can give you an edge in conducting competitive intelligence (CI) and business research for lawyers and their clients. Among other things, government information can be used to:

  • Keep lawyers and clients abreast of regulatory and legislative changes,
  • Gather intel on clients and client competitors, and
  • Provide data for benchmarking and forecasting.

This hands-on session will present a few case studies- employing analytical CI frameworks and government information to create actionable intelligence. A variety of government information including regulatory changes, access to information requests, parliamentary, and ministerial/departmental information will be covered. Attendees will leave this session with an understanding of basic CI frameworks, how to locate a variety of government information, and how to combine these to create actionable intelligence.

The Crown, The Copyright, and The Law

November 7, 2017 marked five years since the 2012 Copyright Modernization Act was implemented, a point by which a review of the Act is mandated. Surrounding months have seen wide discussion of Canada’s copyright regime. Librarian Amanda Wakaruk launched ePetition E-1116, a laudable attempt to assure availability of government publications. Digging deeper, there is a plausible argument that with respect to primary law of Canada – legislation and case law – Crown copyright, or indeed copyright protection generally, has never subsisted, nor should it.

This session will pursue an analysis of Canadian copyright legislation, judicial interpretation, theory, and comparative law including Indigenous law, to elucidate the contention that primary law is a copyright-free zone in this country and should be formally recognized as such. The session will also explore the possibilities and implications that might arise from such recognition, particularly for wide publication of open primary law and creative opportunities.

As I mentioned above, Brenda and I will also be presenting this year. Brenda will be leading a session on the super useful website Canva, which allows you to make really nice graphics without being a designer, while I’ll be giving a lightning talk on our Will Check program. It’s going to be a busy, but undoubtedly excellent, conference!


#ThrowbackThursday: Demolition Before and After

We are getting SO CLOSE to the renovation of the library side of our space being complete! For a project that has taken so many years to get going, that we’re a few weeks away from the new library side of the space is pretty unbelievable. I went in for some recent photos, and lined up a before and after. This week we’ve had flooring installed (as well as some other major milestones, but I won’t spoil the surprise on that!).

Before:

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