Jennifer Walker


Recently Published Ottawa Decisions

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

Family Matters

Jones v. Jones (2018 ONSC 1069)
costs — favourable — partial indemnity — offer to settle — equalization
Justice P. Roger

Fortier v. Lauzon (2018 ONSC 946)
self-represented litigant — matrimonial home — rollover — costs — equalization
Justice M. Shelston

CAS (Ottawa) v. C.R. (2018 ONSC 911)
assessment — children — parenting — motion — ordered
Justice D. Summers

CAS (Ottawa) v. M.M. (2018 ONSC 786)
father — statements — child protection worker — hearsay — counsellor
Justice D. Summers

Civil Matters

Bouchard c. CECCE & Dupuis (2018 ONSC 1129)
dépens — offres — taux d indemnisation — transaction — écoles catholiques
Juge S. Gomery

Mississippi Valley Conservation Authority v. Mion (2018 ONSC 1114)
contempt — wetland — penalty — replant — fine
Justice R. Ryan Bell

Cahill v. Cahill (2018 ONSC 1059)
costs of the interpleader motion — solicitor-client account — partial indemnity — endorsement — disbursements
Justice S. Corthorn

Abou-Gabal v Merovitz (2018 ONSC 991)
bills — reissued — fees — special circumstances — accounts
Justice S. Gomery

Tesla Estate v. Tesla-Johnson (2018 ONSC 973)
estate — financial statements — notice of objection to accounts — general ledgers — passing
Justice R. Ryan Bell

Cornelis Grey Construction Inc. v. Folz (2018 ONSC 647)
homeowners — contractor — work — roof — contract
Justice C. MacLeod

Cimtel Inc. v. TSV Holdings Ltd. (2018 ONSC 894)
examination for discovery — corporate representative — personal knowledge — officer — reseller
Justice R. Ryan Bell

Bergeron v. Movati Athletic (Group) Inc. (2018 ONSC 885)
bonus — termination clause — employment — notice period — reasonable notice
Justice M. O’Bonsawin

Mesfin-Tesfaye v. Riverpark Place Retirement Residence (2018 ONSC 882)
duty of care — three-month probationary period — terminated — argues — license
Justice S. Kershman

Noreast Electronics Co. Ltd. v. Danis (2018 ONSC 879)
suppliers — invoices — injunction — evidence — accounts
Justice S. Gomery

Criminal Matters

R. v. Wilson (2018 ONSC 964)
dangerous offender — assessor — talk-talk-overs — proposed — gmail
Justice C. Hackland

Divisional Court Decisions from Ottawa Judges

Fernandes v. Darrigo (2018 ONSC 1039)
matrimonial home — motion — fresh evidence — child — best interests
Justices B. Abrams, W. Matheson, and R. Ryan Bell

Court of Appeal Decisions of Local Interest

R. v. Constant-Booth (2018 ONCA 154)
sentence imposed — unfit — serious — conviction — cowardly
Justices J. MacPherson, G. Huscroft, and G. Trotter

R. v. D.D. (2018 ONCA 134)
post-traumatic stress disorder — victim — offences — mental — mitigating
Justices K. Feldman, D. Brown, and J. M. Fairburn

Lee v. McGhee (2018 ONCA 128)
drafted — amend — bring it within the jurisdiction — solely — redress
Justices K. Feldman, D. Paciocco, and J. M. Fairburn

Carleton Condominium Corporation 116 v. Sennek (2018 ONCA 118)
condominium corporation — vexatious litigant application — self-represented — proceedings — frivolous
Justices H. LaForme, P. Rouleau, and D. Paciocco


#ThrowbackThursday: Our Winter Olympics Appreciation Post

Readers, I hope you’ll forgive our non-legal related Throwback Thursday this week, as we head into the Winter Olympics. We simply can’t help ourselves around here: we love the Olympics. Winter or summer, it doesn’t matter. Brenda handled the summer Olympics a couple of years ago on the blog, and with the opening ceremonies tomorrow in Pyeongchang, I’m taking a look at the winter games today. Here are four big stories tied to today’s date from Canadian Winter Olympics history.

On this Day, 1948 (Ottawa Connection!): 70 years ago today was the closing of the 1948 Winter Olympics, held in St. Moritz, Switzerland. It was the first Winter Olympics held after WWII, and was where Ottawa figure skater Barbara Ann Scott won gold in the women’s competition. Two factoids on this skate: 1. The skating rink was outdoors (!), and during her skate a low-flying plane overhead (!!) caused some audio distraction; and 2: in 1948 there were no Zambonis, so she had to just skate around the chopped up ice from the hockey game the night before.

Here’s a video of her skate:

 

On This Day, 1998: On this day in 1998, Ross Rebagliati won the first ever gold in snowboarding at the Nagano Olympics. Now there’s your legal connection: remember everything that happened after that? You can find the Court of Arbitration for Sport decision on his case here.

 

On this day, 2002: 16 years ago today was the opening ceremonies of the Salt Lake City Games. Some of you may remember this as a games where both the Canadian Women’s and Men’s hockey teams won gold. There was one major news story, however, that dominated those games:

 

On this day, 2014: We’ll end on a happy note – the Dufour-Lapointe sisters! Who doesn’t love this story of the sisters winning Gold and Silver in the Ladies’ mogul event in Sochi?


Recently Published Ottawa Decisions

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

Family Matters

Milne v. Milne (2018 ONSC 614)
father — child support — offer — settle — successful
Justice A. Doyle

Labrèche v Labrèche (2017 ONSC 615)
costs — bad faith — equalization — offer — rates
Justice H. Williams

Derakhshan v. Narula (2018 ONSC 537)
joint family venture — unjust enrichment — renovations — common-law relationship — evidence
Justice L. Sheard

Jirova v. Benincasa (2018 ONSC 534)
arbitration — email — evidence — process — partner
Justice J. Audet

K.F. v. Children’s Aid Society of Ottawa (2018 ONSC 364)
grandparents — openness — statutory timeline — parens patriae jurisdiction to extend — gap
Justice J. Audet

Civil Matters

Daly Square Inc. v. 1786097 Ontario Inc. and Camille Mikhael (2018 ONSC 745)
limitation period — notice of motion — statute-barred — factum — dismissal
Justice H. Williams

Mohamed v. Dakhil (2018 ONSC 626)
solicitor-client account — motion record — settlement — dispensing with the requirement — funds
Justice S. Corthorn

Greenough v. Maple Ridge Media Inc. (2018 ONSC 660)
heating — heat — system — slabs — house
Justice S. Gomery

Continue Reading…


#ThrowbackThursday: Demolition Before & After

The old library half of our space is in full on demolition mode right now, which is incredibly exciting and interesting for us to see! Every morning when we come in there is something new missing – the carpets, the ceiling, occasionally an entire wall!

I was flipping back through photos on my phone from December, and found a photo taken from the same angle as one I took today. Check out some of the demo work that’s been happening:

Before:

 

After:

Goodbye, old photocopy room!


Resource Spotlight: Bullen & Leake & Jacob’s Canadian Precedents of Pleadings, 3rd Edition

I was tempted to title this post “Omg, we love this book!” Don’t mistake my staid title for a lack of enthusiasm, though: we still really love this book, and were very excited to grab the newest edition when it came out at the end of last year. You may have noticed it in our most recent round-up of new titles in the library, but this is such a favourite of ours that it deserves its own post. You may recall we highlighted the second edition, so if you’ve become a fan of this book too, here’s your notice that a new edition is out!

The third edition of Canadian Precedents of Pleadings has grown to a rather thick three volumes. A comparison of the (excellently detailed) table of contents reveals new sections on the following:

  • Aboriginal Law
  • Arbitration
  • Aviation
  • Debtor-Creditor
  • Environmental Law
  • Family Law
  • Immigration
  • Information Technology
  • Insurance Coverage
  • Plain Language
  • Restitution
  • Wills and Estates

As with previous editions, this title comes with a CD-ROM of precedents, which is quite useful if you decide you’d like to use any of these in your practice. You can find this book in our temporary library at KF 8868.1 B85 2017, or ask any of the library staff for help.

 


Recently Published Ottawa Decisions

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

Family Matters

Logue v Mackenzie (2018 ONSC 411)
line of credit — disclosure — lawyer — owes to the date — bank
Justice H. Williams

Clark v Collins (2018 ONSC 333)
father — full-time employment — retroactive child support — motion to change — lawyer
Justice H. Williams

Blackstock v Comeau (2018 ONSC 193)
spousal support — income — marriage — interim — disability
Justice H. Desormeau

Milne v. Milne (2018 ONSC 169)
income — father — child support — expenses — parent
Justice A. Doyle

La Société à l’aide de l’enfance c. T.S. et al. (2018 ONCS 160)
pupille — soins — résidence — véritable — placement
Juge J. Audet

Laframboise c. Lepage (2018 ONCS 22)
renseignements confidentiels — nouveau cabinet — dossier — client — conflit
Juge A. Doyle

Bazinet c. Faubert (2018 ONCS 13)
nouveau cabinet — renseignements confidentiels — client — dossier — lignes directrices
Juge A. Doyle

Civil Matters

St. Laurent Automotive Group et al v Sami’s Garage Ltd. et al (2017 ONSC 6649)
summary judgment motion — pre-trial conference — costs — placed on a trial list — argue
Justice H. Williams

Graves v. Intact Insurance Company (2018 ONSC 402)
appraisal — coverage — jury — presumption of inadmissibility — settlement privilege
Justice M. Labrosse

Foustanellas v Foustanellas (2018 ONSC 366)
draft — benefit of the minor beneficiaries — personal representative of the estate — cost of the mediation — trust
Justice H. Williams

Ridley Estate v. Eagan, Desjardins Financial Security et al. (2018 ONSC 209)
endorsement — service of the motion record — documents — email — behalf
Justice S. Corthorn

Dunn et al. v. TD Waterhouse and Eagan (2018 ONSC 204)
motion — endorsement — behalf — service — documents
Justice S. Corthorn

Gervais v. Depatie (2018 ONSC 139)
reached the age of majority — minor — subrule — name of the litigation guardian — continue
Justice S. Corthorn

Mississippi Valley Conservation Authority v. Mion (2018 ONSC 104)
contempt — restoration — stockpiled — wetland area with native vegetation — organic material
Justice R. Ryan Bell

Criminal Matters

R. v. Chamoun (2018 ONSC 235)
delay — judicial pre-trial — pre-trial conference — co-accused — presumptive ceiling
Justice M. Linhares de Sousa


Online Research Training Options

As we’re unable to host any training sessions in the Library for the next while, we wanted to direct you to some online legal research training options. We’ll be holding online sessions of our own over the year (dates will continue to be added), but these are some options available for you to do from your own office right now:

For WestlawNext Canada / Thomson Reuters ProView …

Canada Professional Development Centre

Thomson Retuers continually offers webinars on their online products, such as Westlaw and ProView, that are both free and CPD accredited.

Interactive eLearning Experiences

These modules (listed in blue towards the top of this page) will give a simulated learning experience for Thomson products.

WestlawNext Canada Self-Paced Learning

Find out more about specific features of WestlawNext with these short videos and PDF files.

For Lexis Advance Quicklaw…

Webinars

Sign up for a free webinar on Lexis Advance Quicklaw from the selection available in their online calendar.

Self-Study Modules

Browse this list of quick YouTube videos for using the Advance platform.

For JustisOne…

Training Webinar

This quick video will show you the basics of this British database.

User Guide

Follow this link if you would prefer a PDF user guide.

For HeinOnline...

Training Videos

These YouTube videos can teach you basics of searching through HeinOnline.

Training Guides

If you’d rather text-based instruction, there are a series here covering many different aspects of the Hein database.

*Note: Law Society of Ontario licensees have access to HeinOnline from the own computers! Click here to learn how to set up access.

For CanLII…

CCLA Webinar – Thursday, February 22, 2018

We’ll be leading this webinar that looks at everyone’s favourite free resource, CanLII. There is a small charge for this session.


Recently Published Ottawa Decisions

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

Family Matters

M.D. v. A.C. (2017 ONSC 7722)
offer to settle — costs — validity of the marriage contract — fix — amount
Justice T. Engelking

Maan v. Poirier (2017 ONSC 7678)
contempt — support — parenting course — access — three-part test
Justice D. Summers

Fortier v. Lauzon (2017 ONSC 7503)
father — equalization payment — interest in the matrimonial home — pension —
occupation rent
Justice M. Shelston

Zakhour v. Nayel (2017 ONSC 7601)
occupation rent — matrimonial home — spousal support — separation — provide
Justice T. Engelking

Gagnon v. Vance (2017 ONSC 7575)
email — set aside — office — potential prejudice — uncontested
Justice D. Summers

Sarmiento v. Ortiz (2017 ONSC 7570)
income — child support — payor parent — retroactive — pay
Justice T. Engelking

Hallock v. Wakely (2017 ONSC 7347)
children — access — parenting — grandparents — text messages
Justice C. MacLeod

Continue Reading…


#ThrowbackThursday: Then and Now, Part 2

Back in 2016 I posted this Throwback Thursday, which gave a view of the stacks in our Law Reports section as they were at the time and in 1986. As you know, we’re getting ready to renovate, so here’s part two of this particular Then and Now:

Then (December 2017)

 

Now (January 2018)

 

We took a whole bunch of photos on the last day of the library looking “normal” – once renovations are done, we’ll be able to do a whole series of cool before and after shots. This section of the CCLA’s space is the first that will be renovated (and should be starting soon!).


CCLA Renovations: Library Service Update

After a grueling month of moving books, packing, unpacking, furniture disassembly and reassembly, we’re back! Here’s an update on what is currently available at the CCLA Library:

Public Computers

There are three computers available for use. You can print from these computers (black and white only). All of these computers are set up to access WestlawNext Canada, Lexis Advance Quicklaw, Thomson Reuters ProView, and a whole bunch of other great research tools.

Print Collection

All of the books that we chose to keep out during the renovation are now in the Lounge. You can call this collection our Greatest Hits. As always, books are for Courthouse use only – if you wish to take a book to court, please see a CCLA Library staff member to sign the book out. Books are due back to a staff member by 5:00 every day.

Photocopiers and Fax

We have one photocopier available for copying and scanning, and one fax machine. For payment for copies or print jobs, we accept cheques, cards, or firm account only (no cash).

Library Staff Assistance

We’re here! We’ve propped open the doors between the Lounge and the Library (we’ll be taking them down entirely soon), and you can find us just past those doors. We’ve also re-opened the helplines, so free free to call or email. During this time, we can order in books from other libraries if we don’t have what you need, but if you’re reading this from a library we normally lend to, we’re sorry but we can’t lend anything at this time.

Workspace

We’re a bit short on space at the moment for studying. There are a few tables in the lounge, but nothing available in the Library itself. This is a temporary measure and we’ll have more space available later this year.

One other big change is that the old “main doors” to the library are no longer in service. They’ll be back in the future, but for now they will remain locked. The only entrance to the Library is through the lounge, and while we acknowledge this does make it more difficult to find us, and harder to get in if you do not have a code, this is only a temporary measure. We will be open again through the main entrance later this year. Contact us if you need the code for the lounge.

We thank every one for their patience over the last month – we know how difficult it can be to carry on business at court without the services the CCLA provides.