Jennifer Walker


Federated Searching on WestlawNext Canada

There’s a been a great new featured rolled out in WestlawNext Canada!

“Federated searching” is one of those fancy terms that I think librarians might use but isn’t necessarily clear to other people. What’s meant by federated searching is the ability to search for something across multiple platforms, instead of just one. In this case, you would be searching within WestlawNext, but it’s also searching in their ProView platform, which is where a lot of looseleaf titles are kept (and we talked about here and here). Your results will now show relevant hits from the WestlawNext database and hits from the ProView platform.

Here’s an example:

In this example, I’m running a simple search for wrongful dismissal within the same paragraph as pregnancy. I’m doing this from the homepage of WestlawNext Canada.

 

 

This brings back a results screen, where the default is to give you an overview of what WestlawNext has. You can see in the larger pane on the right hand side that your results are broken down into the categories for you to quickly glance at and get a sense of what is there, such as “Cases and Decisions” and “Canadian Encyclopedic Digest.”

 

The new category that’s been added to these search results is “eLooseleafs on ProView.” You can see that on the left side pane (and it would also be in the right side pane like above if you scroll down further). If you click on that heading in the left pane, it will bring up a full list of what hits come back from eLooseleafs on the ProView platform. If we don’t have a subscription to that title, it will say “Out of Plan” at the very far right. If we do have a subscription, however, you can click on the title and go straight to that book.

Continue Reading…


ThrowbackThursday: Solicitors Conference 1993

The CCLA’s 23rd Annual East Region Solicitors Conference is coming up in a mere two weeks, so this week we’re throwing back to the first ever edition of this conference. The conference was held in November of 1993, with the educational sessions being held at the Manoir Papineau as opposed to the Château Montebello itself. The Solicitors Conference was held in the latter part of the year until 2002, which is the first year the conference was held in May. I’m quite partial to Montebello in the springtime, so I’d say that’s an excellent decision for this conference!

 

 


Sites Unseen: Slavery in America and the World – History, Culture & Law

The library staff is back from the CALL/ACBD conference, where we had several full days of great educational sessions and learned a lot about new features to the research products we use every day. We’ll be featuring some of these developments on the blog as they become available, starting with today’s entry on the HeinOnline special collection “Slavery in America and the World: History, Culture & Law.”

Many of you already know that LSUC members have free access to HeinOnline, but this new collection from Hein is actually available for free of charge to anyone, and we’re sure many of you would be quite interested to look at the materials contained within. From their website:

“We have created the most comprehensive database available to date on the topic of slavery in the United States and the World. Slavery in America and the World: History, Culture & Law brings together every statute passed by every colony and state on slavery, all federal statutes related to slavery, and all reported state and federal cases on slavery. The database also contains hundreds of books and pamphlets written about slavery. HeinOnline is dedicated to the dissemination of information and knowledge on this important subject. For the first time, we are making a HeinOnline database available to anyone in the world who would like access, at no cost! While there is no charge for access to Slavery in America and the World: History, Culture & Law, we do encourage everyone who registers for access to the valuable material in this database to donate to the NAACP, the United Negro College Fund, or another charity of the user’s choice which supports civil rights, equality, or the advancement of people of color. Making a donation is voluntary, and is not required to access the database.”

To register for access to this database, you can click here. They are noting that registration will take a bit longer than usual due to high demand for this product, but we’re sure it will be worth the wait for such a rich and important collection.


Recently Published Ottawa Decisions

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

Family Matters

Gauthier v Gauthier (2017 ONSC 2781)
spousal support — child support — income — material change of circumstances — variation
Justice A. Doyle

McCarthy v Labonté (2017 ONSC 2775)
costs — offers — cross-motion for summary — offer to settle — motions
Justice M. Labrosse

Syed v Syed (2017 ONSC 2588)
husband — wife — income — non-dissipation — equalization payment
Justice A. Doyle

Clermont v Addie (2017 ONSC 2643)
representing a top-up for child — costs — top-up for child support payments — offer — successful
Justice T. Engelking

Civil Matters

Wallace. v Campbell (2017 ONSC 2767)
motion — costs outline — materials — indemnity — properties
Justice R. Beaudoin

Cahill v Cahill (2017 ONSC 2707)
passing of accounts — removing as the sole trustee — respect — conference — additional costs
Justice S. Corthorn

Continue Reading…


Preview: 2017 CALL/ACBD Conference

The CALL/ACBD annual conference is coming to town next week, and we couldn’t be more excited! The last time the CALL conference was held in Ottawa was in 2007, so this will be the first time any of us here at the CCLA get to attend the conference on home turf and welcome our library friends and colleagues to the city. The conference planning committee has put together an excellent program on the theme of “Celebrate our history, create our future,” appealing to a wide variety of our interests as law librarians. Here are just a few of the sessions we’re especially looking forward to:

Uncharted Ethical Lands: Law Libraries as Creators, Publishers and Hosts of New Information

“Law Libraries are exploring new and non-traditional roles as creators, hosts, and publishers of locally created content. Learning hubs, incubators, data repositories, and OA e-publishing are a few of the exciting services that may re-position libraries and librarians as leaders in the new information environment. These kinds of services can potentially lead us into legal and ethical minefields as we negotiate competing rights, explore the extent of institutional responsibility, and begin to build our brand as publishers. This workshop offers the PLUS model of decision making as one tool to assist library staff in working through the ethical and legal obligations associated with these new and yet-to-be determined roles. After a presentation of the model, participants will work in groups to apply ethical decision-making processes to real case studies, and then come together to arrive at the best and most ethical “let’s make this happen” solutions.”

Wikipedia and the Law: A Mini Edit-A-Thon

“‘Why is there no Wikipedia article about Elder Law in Canada?’ ‘Why does the article on the Legislative Assembly of Ontario need citation verification?’ ‘Shouldn’t someone fix this?’ Yes – and that someone is you. This hands-on workshop will show you how to create your own Wikipedia account, how to edit and add content to existing Wikipedia articles related to the law, and how to create Wikipedia articles from scratch. You will also learn helpful tips and tricks for hosting your very own Wikipedia Edita-Thon.”

Judicial and Legal Archives – Preserving the Past, Telling Stories in the Future

“Judicial information includes both the judgments and orders produced by Courts, the case files, and the personal archives of judges. How is this record being preserved across the country, and what stories does it hold? What will the record look like in the future, as email replaces analogue correspondence? Can we preserve the electronic record? Rosalie Fox, Director of the Supreme Court Library and Information Management Branch will discuss the challenges of archiving judges’ personal archives, and how deliberative secrecy impacts judicial archives here and around the world. Professor Philip Girard, eminent legal historian, will speak about using case files and judicial personal papers to illustrate the evolution of Canada’s legal history. David Rajotte, an archivist with Library and Archives Canada, and the archivist responsible for the recent assessment of the Supreme Court and Exchequer Court’s collections, will round out the panel, with a perspective on preserving judicial archives.”

The Digital Litigator : Throwing Away the Binders and the Briefcases

“Justice Canada’s lawyers, members of the federal department frequently referred to as “Canada’s largest law firm”, are changing the way they litigate. Learn from Jean-Sébastien Rochon about how his group is equipping litigation teams with the information technology, tools, information, and processes to change the way they practice law in a digital information environment.”

As always, you can follow tweets from the conference with the hashtag #CALLACBD2017.

 


Judicial Decisions with Missing Graphics

The issue of graphics or diagrams missing from online versions of judicial decisions has recently come to our attention. We’ll use McDonald’s Corp. v. Silverwood Industries Ltd. as an example, with specific regard to item number 3 in the table.

In the online version of this case, you get this from Lexis Advance Quicklaw:

Next, this is the version as it appears in Westlaw Next Canada:

Finally, though, in the print version, you get this:

Poor Mayor McCheese, excised from the online versions of the decision. This is very common in IP cases, where there are understandably a good many more drawings and graphics.

While the CCLA Library still has a wide collection of print reporters, and can easily go grab a copy of this decision off the shelf, the (maybe sad) truth is that many libraries have been discarding their print law reporter collections (as we will too, eventually). So, how do you get a copy of the print version?

How to Get a Copy of a Print Version of a Case Where the Graphic Has Been Removed

1. If this is time sensitive / “The Easiest Way”: Check with us. You can send us an email, or check our catalogue yourself to see if we have the law reporter you need. We’re more than happy to scan and send you a copy of the decision. If we don’t have the print reporter here, chances are we can still get a copy for you, but allow a business day turnaround time. It will likely be faster, but just in case

2. If you’re a WestlawNext Canada client: Contact their customer care department at ResearchSupport.LegalTaxCanada@TR.com. They will do their best to track down the print version and send it over. Please note that they can’t guarantee that they will have a copy, or what the turnaround time will be. Good news though: they are working on adding graphics back into decisions.

3. If you’re a Lexis Advance Quicklaw client: Contact their customer care department at service@lexisnexis.ca to get a copy of the image. Same disclaimer would apply about availability and turnaround time.

 


Mental Health Week 2017

May 1 to 7, 2017 is the Canadian Mental Health Association’s Mental Health Week. During past several years, the CCLA has been fortunate to have mental health experts speak at our conferences and deliver CPD programming. The importance of mental health care in the legal community cannot be overstated, and we’re happy to help spread the word and remind our readers of the resources available to all lawyers, paralegals, law students, and judges in Ontario, as well as their family members.

The Member Assistance Plan, provided through Homewood Human Solutions, is a confidential health service that is funded by, and runs entirely independently of, the LSUC. A variety of counselling options are available through their service (online, telephone, and in-person), to address all manner of mental health care issues (such as stress, anxiety, anger, depression, and much more).

To find out more, check out www.myassistplan.com, or call 1-855-403-8922.

For Mental Health Week, the Canadian Mental Health Association’s #GETLOUD campaign is currently in full swing. To learn more about what this organization is doing to help bring attention to the need for mental health care funding and services, check out their campaign website – getloud.mentalhealthweek.ca.

 


#ThrowbackThursday: Pre-Divorce Act Divorces

As I wrap up Throwback Thursday Family Law month, I had to include this little piece of history I learned about one day while going through old Statutes of Canada. This may be old news to many of you, but I thought it was quite interesting. As too did Library and Archives Canada, since I’m going to shamelessly steal text from them for this:

The first federal Divorce Act was passed by Parliament in 1968, establishing a uniform divorce law across Canada. Before that, there were different laws relating to divorce in different provinces.

From 1840 to 1968, many divorces in Canada were granted by private acts of the Parliament of Canada. Before 1867, only five divorce acts were passed and published either in the Statutes of the Province of Canada or in the Journals of the Legislative Assembly of the Province of Canada.

From 1867 to 1968, in some provinces a person wishing to obtain a divorce was first required to place a notice of intent to petition the government for an Act of Divorce in the Canada Gazette and in two newspapers in the district or county where the petitioner resided. It was to appear for a six-month period.

The petition would contain details such as the date and place of the marriage, and events surrounding the demise of the marriage. In the case of adultery or bigamy, a co-respondent was often named. If the petition was allowed, Parliament would pass an Act of Divorce nullifying the marriage.

Between 1867 and 1963, a transcript of the Act was published in the Statutes of Canada for the current year. Between 1964 and 1968, the transcript was published in the Journals of the Senate of Canada.

For more from Library and Archives Canada, click here.


Recently Published Ottawa Decisions

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

Family Matters

Himyary v Al-Yasiri (2017 ONSC 2340)
costs — father — motion — offers to settle — custody
Justice L. Sheard

Alwan v Aulaiwi (2017 ONSC 2309)
motion — third-party record holders — extend the time — leave — third-party disclosure
Justice R. Beaudoin

Children’s Aid Society of Ottawa v M.L. (2017 ONSC 2284)
child — care — father — home — paternal
Justice M. Shelston

Verhey v Verhey (2017 ONSC 2216)
spousal support — income — postsecondary — tuition — child support
Justice M. Shelston

Lundy v Lundy (2017 ONSC 2101)
co-estate trustee — estate — equalization — surviving spouse — incurred in good faith
Justice L. Sheard

Lockman v Rancourt (2017 ONSC 2274)
arbitration — peremptory — email — request for an adjournment — lawyer
Justice T. Engelking

Szonyi v Szonyi (2017 ONSC 2171)
procedural motion — substantial indemnity — endorsement — minutes of settlement — costs
Justice S. Corthorn

Civil Matters

Ramsarran v Assaly Asset Management Corporation (2017 ONSC 2394)
resort to the attenuated process — pleading — requisition — apparent on the face — vexatious
Justice R. Beaudoin

Continue Reading…