Jennifer Walker

Recently Published Ottawa Decisions

This entry was posted on May 14, 2019 by Jennifer Walker

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

Family Matters

Norris v. Norris (2019 ONSC 2795)
exclusive possession of the matrimonial — disclosure — financial statements — request to admit — motion
Justice P. MacEachern

Children’s Aid Society (Ottawa) v. A.F. (2019 ONSC 2771)
children — cocaine — care — counselling — reliability
Justice M. Shelston

Hamilton v. Saint Denis (2019 ONSC 2766)
spousal support — post-separation income increases — divorce — post-dated cheques — marriage
Justice M. Linhares de Sousa

Querry v. Ostrander (2019 ONSC 2762)
spousal support — income — post-secondary education — child support — expenses
Justice M. Linhares de Sousa

Moncrieff v. Floresco-Dakin (2019 ONSC 2740)
access — supervised — doctor — meters — medical
Justice M. Linhares de Sousa

Library Tours for Summer Students

This entry was posted on May 7, 2019 by Jennifer Walker

With summer students starting in the firms, we’d like to remind everyone that we offer library tours! This year we’re very excited to be able to offer them tours in the newly renovated library! Library tours are a great opportunity to meet library staff and learn about library resources, training opportunities, and legal services to support and assist a legal practice. We also encourage any and all students to sign up for the CCLA Newsletter to begin learning about news, events, and opportunities in the East Region. The newsletter is always free, and not tied to CCLA membership.

Tours will be held beginning May 14 on Tuesdays and Thursdays at 10:30 AM, and usually take between 15 to 20 minutes. Please email library@ccla-abcc.ca or call 613-233-7386 x221 to schedule a tour.

#ThrowbackThursday: East Region Solicitors Conference 1999

This entry was posted on May 2, 2019 by Jennifer Walker

I’m impressed to say that for a conference held in November 1999, there doesn’t appear to be have been even one session on Y2K Preparedness at the 1999 Solicitors Conference! That year, the theme was advising the family-owned business, though the agenda held quite a bit more than that! I’m not sure which Trumps Justice Kershman was referring to in his talk (sadly, the paper does not make reference to any Trumps), but I can only imagine it’s our neighbours to the South! The 2019 conference kicks off tomorrow – you can see that agenda here.

Recently Published Ottawa Decisions

This entry was posted on April 30, 2019 by Jennifer Walker

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

Family Matters

A.L. v. L.L. (2019 ONSC 2628)
costs — access — motion — fees — children
Justice P. MacEachern

Clark v. Fuelling (2019 ONSC 2621)
interest in the property — support — showings — shows her total — rent
Justice C. Aitken

Van Delst v. Hor (2019 ONSC 2569)
survivor benefit — pre-judgment interest — unreduced pension — date of marriage — value
Justice T. Engelking

Jiang v. Parham (2018 ONSC 2706)
father — child support — income — financial — motion
Justice J. Mackinnon

Hum v. Skoll (2019 ONSC 2367)
income — company — family — separation — tab
Justice M. Linhares de Sousa

Recently Published Ottawa Decisions

This entry was posted on April 16, 2019 by Jennifer Walker

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

Family Matters

Skinkle v. Skinkle (2019 ONSC 2353)
credit rating — cash surrender value — amount — damages — indemnity
Justice M. Labrosse

Boily v. Eaton (2019 ONSC 2145)
costs — offer — motion — child support — spousal support payable
Justice T. Engelking

MacLeod v. MacLeod (2019 ONSC 2136)
birth certificate — father — marriage contract — spousal support — contempt
Justice J. Audet

Ma.M. v. A.W.M. (2019 ONSC 2128)
father — child — dad — access — matrimonial home
Justice J. Audet

Jiang v. Parham (2019 ONSC 2131)
arrears of child support — security for costs — vol — motion to change — outstanding costs
Justice J. Parfett

Kelly-Rampulla v. Frankson (2019 ONSC 2122)
child — interim access — owes — motion — costs
Justice P. MacEachern

#ThrowbackThursday: Annual Institute of Family Law 1999

This entry was posted on April 4, 2019 by Jennifer Walker

Our Annual Institute of Family Law gets underway tomorrow at Château Montebello, and the program looks terrific! For a #TBT this week, we’ve pulled up the agenda for the 1999 conference (which if you can believe it was 20 years ago!).

As is always the case with these throwbacks, it’s interesting to see what the topics of the day were, who was a guest speaker and of course, who has gone on to the Bench! This year is a big year for planning committee member (then and now) Hunter Phillips, as he will receive the Hon. Heidi Levenson Polowin Award for Family Law (via video!) at the conference.

Recently Published Ottawa Decisions

This entry was posted on April 2, 2019 by Jennifer Walker

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

Family Matters

Allison v. Senn (2019 ONSC 1956)
access — interim — father — motion — appointment
Justice R. Beaudoin

Pierre v. Pierre (2019 ONSC 832)
child support — income — interim — spousal support — expenses
Justice P. MacEachern

Devaney v. Devaney (2019 ONSC 1942)
questioning — attend — via — videoconferencing — mental health
Justice J. Audet

A.L. v. L.L. (2019 ONSC 1901)
supervised access — access to the children — best interests of the children — motion — provided
Justice P. MacEachern

G.T.G.D. v. M.D. (2019 ONSC 1879)
children — father — access — contempt — best interests
Justice D. Summers

Habimana v. Mukundwa (2019 ONSC 1781)
children — habitual residence — return — family — grave risk
Justice M. Linhares de Sousa

Pace v. Barry (2019 ONSC 1739)
father — undue hardship — children — child support — access
Justice J. Mackinnon

Civil Matters

Truestar Investments Ltd. v. Baer (2019 ONSC 1806)
partial indemnity costs — motion — disbursements — docketed — fees
Justice S. Corthorn

Upcoming SCC Case: Keatley Surveying Ltd. v. Teranet Inc.

This entry was posted on March 21, 2019 by Jennifer Walker

There is an interesting case being heard at the Supreme Court of Canada next Friday (March 29), which has a good number of people in the legal community excited. Keatley Surveying Ltd. v. Teranet Inc. is a case on appeal from the Ontario courts to do with the issue of the copyright of land surveys. Here is the summary of the proceedings to date, as it appears on the Supreme Court website:

The respondent manages the Province of Ontario’s electronic land registry system (the “ELRS”). Documents that were prepared by land surveyors such as drawings, maps, charts and plans (collectively “plans of survey”) are registered in the ELRS. The public can obtain on-line copies of registered plans of survey through the respondent for a fee prescribed by statute, no part of which constitutes fees or royalties paid to the land surveyors who prepared them. The appellant is the representative plaintiff in a certified class action brought on behalf of approximately 350 land surveyors whose plans of survey were scanned and copied into the respondent’s digital database and made available on-line. The appellant claims that the respondent is in breach of copyright by reaping substantial profits at the expense of surveyors. The Ontario Superior Court of Justice dismissed the appellant’s motion for summary judgment, granted the respondent’s motion for summary judgment and dismissed the class action. The court found that as a result of the legislative regime requiring registration or deposit of the plans of survey in the land registry office, ownership in the property of the plans of survey, including copyright, is transferred to the province. They are then “published by or under the direction or control of Her Majesty” pursuant to s. 12 of the Copyright Act. The Ontario Court of Appeal dismissed the appeal, holding that provincial Crown copyright is by virtue of s. 12 of Copyright Act, not the provincial legislation.

As section 12 of the Copyright Act is rarely judicially considered, particularly so at the Supreme Court level, interest in this case has been high. Several groups have successfully attained intervenor status for this case, including the Federation of Law Societies, CanLII, the Canadian Association of Law Libraries (CALL), and the Attorneys General of Canada and three provinces. For those of you with a keen interest in intellectual property and copyright, this is undoubtedly one to watch. (Which of course, you can do, as a webcast!)

Recently Published Ottawa Decisions

This entry was posted on March 19, 2019 by Jennifer Walker

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

Family Matters

Smith v. Reynolds (2019 ONSC 1508)
soccer — child — interim access — exchanges — daycare
Justice P. MacEachern

Sealey v. Hoyte (2019 ONSC 1537)
child — unsupervised access — motion — supervised — exchanges
Justice P. MacEachern

Laderoute v. Heffernan (2019 ONSC 914)
valuation — report — business — corporate finance — stage of the admissibility test
Justice D. Summers

Civil Matters

Pittuck v. Garwood/Feller Inc. (2019 ONSC 1521)
costs — indemnity — tow truck — offer to settle — lease
Justice R. Smith

Toronto-Dominion Bank v. 1633092 Ontario Ltd. (2019 ONSC 1473)
loan — funding — invoices — duty of care — project
Justice M. O’Bonsawin

1778133 Ontario Inc. v. Laurin Contracting Ltd. (2019 ONSC 1532)
security for costs — assets — non-party to the litigation — impecunious — pay costs
Justice R. Ryan Bell

Medical Council of Canada v. Elmansy (2019 ONSC 1622)
sealing — exam — medical graduates — residency programs — identity
Justice C. Hackland

Recently Published Ottawa Decisions

This entry was posted on March 5, 2019 by Jennifer Walker

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

Family Matters

Abdulhadi v. Ahmad (2019 ONSC 1447)
equalization — parenting — behaviour — costs — offerc
Justice T. Engelking

Chaulk v. Chaulk (2019 ONSC 1424)
equalization — post-separation debts — net family properties — spouse — unequal division
Justice T. Engelking

Civil Matters

Whelan v. Royal Trust Corporation of Canada (2019 ONSC 1299)
motion — venue — passing of accounts — ex parte — beneficiaries
Justice C. MacLeod

Caron v. Omers Realty Corporation et al. (2019 ONSC 1374)
return to work — mild traumatic brain injury — kitchenette — anxiety — slip
Justice P. Roger

Westeinde (FNP) Inc. v. RE/MAX Core Realty Inc. (2019 ONSC 1394)
strike — leave to amend — motion — drafted — beautifully
Justice C. Aitken

Custom Home Interiors By Obvious Advantage Inc. v. Corriveau (2019 ONSC 1351)
costs — motion — partial indemnity — offer to settle — disbursements
Justice R. Ryan Bell

City of Ottawa v. Suncor Energy Inc. (2019 ONSC 1340)
documents — discovery planning — undertakings given — searchable — examinations for discovery
Justice S. Corthorn

6056628 Canada Inc. v. 2350894 Ontario Inc. (2019 ONSC 1329)
landlord — tenant — minutes of settlement — injunction — lease
Justice H. Williams

Brousseau c. La Cité collégiale et Régime de retraite des collèges d’arts appliqués et de technologie (2019 ONSC 1251)
collèges d arts appliqués — retraite des collèges d arts — collégiale — questions — technologie
Juge M. O’Bonsawin

Capital Solar Power Corporation v. The Ontario Power Authority (2019 ONSC 1137)
solar — applications — renewable energy — pricing — evidence date of submitted application
Justice G. Toscano Roccamo

Sheldon v. Reyna (2019 ONSC 1265)
non-pecuniary general damages — prejudgment interest — lawyers — fees — amount
Justice H. Williams

Hydro Ottawa Limited v. Ontario (Ministry of Labour) (2019 ONCJ 85)
signaller — crew — energized — wire — boom
Justice R. Wadden

Criminal Matters

R. v. Larocque-Laplante (2019 ONSC 1099)
friend — kicks — provocation — air of reality — brawl
Justice C. Aitken

R. vs. Hernandez (2019 ONSC 936)
healing sessions — studio owner — complainants — collusion — touching
Justice C. Hackland

Divisional Court Decisions from Ottawa Judges

ETFO et al. v. Her Majesty the Queen (2019 ONSC 1308)
curriculum — teachers — gender identity — students — elementary
Justics B. Warkentin, C. Hackland, and J. Thorburn

Simcoe Muskoka Child, Youth and Family Services v. L.V. (2019 ONSC 1208)
father — motions — email — pressuring the child — evidence
Justices D.L. Corbett, F. Myers, and L. Sheard

Divisional and Court of Appeal Decisions of Local Interest

Canadian Postmasters and Assistants Association v. Canada Post Corporation (2019 ONSC 1222)
arbitrator — bilingual bonus to part-time indeterminate — bonus to part-time indeterminate employees — payment of a bilingual bonus — collective agreement
Justices K. Swinton, G. Mulligan, and R. Raikes

Ma v. Ottawa (City) (2019 ONCA 142)
spy — posters — motion — unnamed — all-inclusive
Justices C.W. Hourigan, M. Benotto, and G. Huscroft

R. v. Katalayi-Kassende (2019 ONCA 137)
victim — offence — information that could identify — proceedings in respect — broadcast
Justices J. MacPherson, R. Sharpe, and M. Tulloch

R. v. MacKay (2019 ONCA 117)
cocaine — purpose of trafficking — possession — inadmissible anecdotal information — reversed the onus of proof
Justices K. Feldman, D. Paciocco, and B. Zarnett

R. v. Land (2019 ONCA 39)
sword — provocation — air of reality — defence — power of self-control
Justices S. Pepall, D. Paciocco, and A. Harvison Young