Jennifer Walker


Recently Published Ottawa Decisions

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

Family Matters

Sanda v. Sanda (2018 ONSC 4142)
equalization — lump sum payment — spousal support — interest in the equity — income
Justice T. Engelking

CAS v. N.N. (2018 ONSC 4849)
children — care — home — taking reasonable steps to ensure — custody
Justice S. Corthorn

Murray v. Choudhary (2018 ONSC 4870)
motion — offer to settle — full indemnity basis — costs — delinquency
Justice S. Corthorn

Murray v. Choudhary (2018 ONSC 2533)
motion — home — recordings — messages — restraining
Justice S. Corthorn

Loach v. Schopf-Loach (2018 ONSC 4878)
letter — possibly shed some light — deceased — paternal — dynamic
Justice T. Engelking

Continue Reading…


Research Refresher: Lexis Advance Quicklaw Quantums

I was looking for quantums in Quicklaw last week and realized a) it had been a while since I had done so, and b) I wasn’t entirely sure how to access them anymore! If you’ve never used the quantums in Quicklaw, you might be surprised to learn the scope of what these gather. In the library’s subscription to Quicklaw, you can access quantums for:

  • Breach of Contract
  • Child Support
  • Defamation
  • Dependants’ Relief
  • Matrimonial Property
  • Medical Neligence
  • Property-Related Torts
  • Sentencing
  • Spousal Support
  • Wrongful Dismissal
  • Personal Injury

I checked online to see if Lexis had made any tutorials for using this feature, and thankfully they have! Check out the video below, and next time you need to figure out “how much,” consider popping over to the library to see what Quicklaw has for you.


#ThrowbackThursday: Renovations Before and After

Visitors to the Library have been raving about our new space, but construction carries on in Phase 2 of our renovations. We haven’t shown too many pictures of the work being done in the Lounge side of the space (simply because we don’t have access to the space like we did to the library), so here are a couple of new before and afters! This side has enormous change happening, and the biggest might be how fresh it feels! So much fresh air and natural light!

Before:

These shots are looking into the library from the Lounge doors. There were cubicle offices along most of the windows, blocking all of the light and views, and lots of bookshelves. Unfortunately, many of the books back here were seldom-used, and aisles became overflow storage.

After:

The lounge will now be extending into this space, and we’ve taken everything off the windows! If you’ve been into the library and seen our massive lights, stay tuned: there will be large, equally impressive lighting going into this space as well. In addition to the nice, new soft seating we’ll have, we’ll also have a long, bar-height counter with stools and power outlets along the windows for a portion of the space (essentially, along the windows where that red work platform is in the first After photo). We expect those seats will be very popular, as the view from this room is pretty great.

Construction of this space is still on schedule, so provided everything continues to go well, we should be ready to welcome you in this fall!

 


Recently Published Ottawa Decisions

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

Family Matters

Hawes v. Hawes (2018 ONSC 4718)
parenting time — separation agreement — primary residence — support — fulltime
Justice T. Engelking

CAS v. M.G. (2018 ONSC 4491)
father — charge of the child — child s best interests — treatment — parent
Justice A. Doyle

Ouellette v. Uddin (2018 ONSC 4520)
child — income — date of separation — spousal support — value
Justice M. Shelston

Villeneuve v. Bell (2018 ONSC 4518)
caregiving role — access — child — full-time basis — relationship
Justice M. Labrosse

Naqib v. Sakkal (2018 ONSC 4479)
access — www ourfamilywizard com — children — supervisor — web-based application
Justice M. Labrosse

Van de Hoef v. Lafond (2018 ONSC 4440)
father — child — supervised access — motion — variation
Justice J. Audet

N.H. v. J.H. (2018 ONSC 4436)
father — children — parents — preferences — school
Justice J. Audet

Civil Matters

Syed v. Nirman (2018 ONSC 4741)
nunc pro tunc — two-year limitation period — trustee — corporation — pleading
Justice R. Ryan Bell

Johnson Wisotzki v. PCL Constructors Inc. (2018 ONSC 4685)
intentional infliction of mental suffering — proposed amendments — statute-barred — surveillance — struck
Justice R. Ryan Bell

Merchant v. Mehta (2018 ONSC 3632)
funds — invested — personal loan — interest — cash
Justice C. Hackland

Hannuneh v. Economical Mutual Insurance Company (2018 ONSC 4588)
solicitor-client account — settlement — motion — relief — disbursements
Justice S. Corthorn

Knowmadics v. Cinnamon (2018 ONSC 4451)
cover — software — irreparable harm — website — motion
Justice S. Corthorn

Criminal Matters

R. v. Bullen (2018 ONSC 4633)
cocaine — conspiracy — intercepted communications — trafficking — criminal organization
Justice M. Labrosse

R. c. FJ (2018 ONSC 4587)
bonbon — grands-parents — filles — accusé — témoignage
Juge M. O’Bonsawin

R. v. Conley (2018 ONCJ 511)
expert — re-enactment — bicycle — evidence — truck
Justice D. Berg

R. v. Conley (2018 ONCJ 498)
operating mind — voluntariness — police — cautioned — charged
Justice D. Berg

Court of Appeal Decisions of Local Interest

R. v. Lawrence (2018 ONCA 676)
fine in lieu of forfeiture — restitution — sentencing — pucks — gold
Justices M. Benotto, G. Trotter, and D. Paciocco

R. v. Dell (2018 ONCA 674)
faint hope — period of parole ineligibility — judicial screening — jury — punishment
Justices D. Doherty, H. LaForme, and D. Paciocco

Carby-Samuels II v. Carby-Samuels (2018 ONCA 664)
vexatious — father — strong presumption of judicial impartiality — prohibiting him from instituting — mentally competent adult
Justices A. Hoy, K. van Rensburg, and G. Pardu


Recently Published Ottawa Decisions

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

Family Matters

Maan v. Poirier (2018 ONSC 4348)
contempt — behaved unreasonably — hair follicle — motion — costs
Justice D. Summers

Kwan v. Doherty (2018 ONSC 4413)
five-day period — parenting time — father — camp — jiu-jitsu
Justice S. Corthorn

Kucharski v. Daghistani (2018 ONSC 4297)
father — nanny — will — motion — child
Justice A. Doyle

Sawma v. Zeidan (2018 ONSC 4319)
car-related expenses — agreed-to gross income figures — income for child support purposes — business expenses — evidence
Justice H. Williams

Civil Matters

Greenough v. Maple Ridge Media Inc. (2018 ONSC 4429)
costs — radiant floor heating system — pre-judgment interest — remediation — indemnity
Justice S. Gomery

Donleavy v. Ultramar Ltd. (2018 ONSC 4270)
pre-judgment interest — general non-pecuniary damages — crossclaim — subrogated — post-judgment interest
Justice S. Corthorn

Continue Reading…


#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

Continue Reading…


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