Jennifer Walker


#ThrowbackThursday: Civil Litigation Updated 1987

Our last cornerstone conference of the year kicks off tomorrow, so this means our last throwback in 2017 to the conferences from years past. For this year’s “Mont Ste. Trembello” (Mont Ste. Marie + Tremblant + Montebello), I’ve pulled up the agenda from 1987. As a special treat, we also have a copy of the registration form (a nerdy attention to detail that maybe only I enjoy, but I’ve included for you regardless).

 


Category Browse on JustisOne

Anyone who has been to my training sessions has heard me say that I am a huge fan of browsing. For legal research, I love being able to browse through tables of contents, indices, alphabetical lists, or subject guides to drill down to the specific set of information that I need, as opposed to just entering keywords or case or legislation names I’m not entirely sure about. As such, I was very excited to hear that JustisOne, a UK legal research platform that we subscribe to in the library (read more here!), was launching a browse feature. This feature would allow the researcher to choose from a list of categories, or subject areas, and drill down into more specific topics within that general area, ultimately finding cases on that point.

As of this this week, the beta version of the browse functionality has been added to the platform, so here’s a look at this brand-new feature. I’ve recently read a book for the Canadian Law Library Review on reproductive donation, so since it’s fresh on my brain, I’ll use this as an example. Click on any picture to make it bigger.

From the homepage of JustisOne, you can see on the left side bar a new icon – for the browse feature.

When you click on that icon, you open up the browse screen. A brand new column appears, with a list of topics presented alphabetically. These are the broadest levels of topics.

You can click to select a topic, and as you do, another column will open up with more specific categories to do with that initial topic. You can keep clicking and with each new column that is added to the right, you will get more and more specific topics. As you can see below, this browse went through a path of looking for family law cases, then cases to do with children, to do with assisted reproduction, and then finally donor identity.

 

You can keep clicking until you either reach a point where you’re satisfied (say you didn’t want anything more specific than “assisted reproduction”) or until there is nothing more specific to drill down to. This example above could actually have kept going to even more specific topics than donor identity. Finally, once you’re ready to see the cases under the category you’ve browsed to, you can click on the “Find Cases” button atop the columns:

This will bring up a list of cases that have been categorized under that topic:

You can also use these categories as a starting point to do a search. For example, here I stopped clicking through to more specific topics when I reached “assisted reproduction.” You can see that in the search box, and the number of cases is listed below that box:

I can add terms to that search box, however, to search just within the cases that were identified as being about assisted reproduction. In this example, I searched for cases classified as being about assisted reproduction, which also mention the phrase “embryo transfer”:

 

I think this is a really great addition to JustisOne, and one that you may find helpful in your research. Foreign law research can be quite daunting, but with this new browse function walking you through legal topics, not just entering key words in and hoping for the best, you may find case law searching from the Commonwealth to be a fair bit easier. I’ve heard that Justis is working to add more and more cases to the categories and sub-categories, which is just great. JustisOne is available on all of our library computers; let us know if you need any help using it!


Recently Published Ottawa Decisions

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

Family Matters

Bloom v. Bloom (2017 ONSC 6555)
spousal support — income — variation — marriage — separation
Justice J. Audet

Makdissi v. Masson (2017 ONSC 6498)
children — extraordinary expenses — income — tuition — postsecondary
Justice C. MacLeod

Jones v. Jones (2017 ONSC 6496)
matrimonial home — value — separation — property — marriage
Justice P. Roger

M.D. v. A.C. (2017 ONSC 6260)
marriage contract — spousal support — draft — financial disclosure — indicated
Justice T. Engelking

Civil Matters

Loy-English v. The Ottawa Hospital et al. (2017 ONSC 6533)
medical actions — intervene — solicitors — proceeding — negligence
Justice C. Hackland

7321201 Canada Ltd. v. Intact Insurance Company (2017 ONSC 6480)
independent adjuster — building — motion to set aside — email — settlement proposal
Justice S. Corthorn

Mahmood Wali Mahmad v. Ottawa Police Services Board et al. (2017 ONSC 6276)
without leave to amend — pleading — struck — otions — strike
Justice M. O’Bonsawin

Eliot Shore v. Capital Sports Properties Inc. et al. (2017 ONSC 6271)
pleading — without leave to amend — otions — strike — controversy between the litigants
Justice M. O’Bonsawin

MNP Ltée. v. Armorer (2017 ONSC 6268)
fees — partnership assets — proceeds of the liquidation — stakeholders — amount
Justice R. Beaudoin

Criminal Matters

R. v. Sharmake Egueh (2017 ONSC 6293)
sureties — must — victim — bail — conditions
Justice M. O’Bonsawin

R. v. Ader (2017 ONSC 6263)
contested information — disclosure — receive a fair — adjournment — defence
Justice R. Smith

R. v. J.O. (2017 ONCJ 704)
apartment — mug — elevator — video — consenting
Justice P. Doody


#ThrowbackThursday: Happy Birthday, CBC! 2

I can’t be the only person who sees reference to an old piece of legislation and then wants to look it up for themselves. When I saw today’s date – November 2 – listed as parliament passing the Canadian Broadcasting Act, I immediately jumped over to HeinOnline to look at the statute from the source law. I was disappointed to see that this information was a bit misleading – The Canadian Broadcasting Act, 1936 was assented to in June 1936.

Page one of SC 1936 c. 24. (If you’d like a copy of the whole act, let us know!)

The CBC did, however, go live to air on November 2, 1936, replacing its predecessor the Canadian Radio Broadcasting Commission (which itself replaced CNR Radio). Two days after, on November 4, a formal welcome was given by CBC Chairman Leonard Brockington – you can listen to this 15 minute clip on the CBC Archives.

 


Lexis Advance Quicklaw: Upgrade to Finding the Halsbury’s Laws of Canada

If you’ve used Lexis Advance Quicklaw lately, you’ll notice a new feature to the home screen: the “Explore Content” box beneath the search bar.

 

 

This box is still new, and continued enhancements to it are sure to follow, but for now I think it’s a really great tool to highlight the Halsbury’s Laws of Canada, which are available within Quicklaw. The Halsbury’s series is a great introduction to many different legal topics, featuring titles by leading authors in their respective areas of law.

Prior to this new “Explore Content” box, finding the full set of the Halsbury’s was a bit difficult. Now, it couldn’t be easier. When you enter Quicklaw at the CCLA library on any of our public computers, the box will be almost at the top of the screen. Just click where it says Halsbury’s Laws of Canada

 

 

 

And you’ll be brought to a nice and tidy page containing a list of all of the  titles.

 

You can click on any of the titles in blue, and be brought to the table of contents for that book, as well as a search box that will search that title of Halsbury’s alone. As an example, here is the screen for the Halsbury’s Law of Canada – Aboriginal Law:

 

 

I love any feature that makes browsing available materials in a database easier, so this to me is a really great upgrade. Check it out next time you’re in the CCLA Library!


Recently Published Ottawa Decisions 2

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

Family Matters

Willis v. Saunders (2017 ONSC 6110)
posting — spousal support — enrichment — relationship — career
Justice T. Engelking

Armstrong v. Vanneste (2017 ONSC 5835)
child — access — school — material change — best interests
Justice R. Ryan Bell

Pye v. Pye (2017 ONSC 6032)
father s motion to change — spousal support — arrears — orders — pay
Justice H. Williams

E.B.H., v. E. H. (2017 ONSC 5233)
post-secondary education — support — child — amount — expenses
Justice C. MacLeod

Children’s Aid Society of Ottawa v. L.F. (2017 ONSC 5971)
maternal grandparents — children — adoptive — boys — status review application
Justice J. Blishen

Civil Matters

Levitz v. Hillel Lodge Long Term Care Foundation (2017 ONSC 6253)
evidence — destroyed — estate — deceased — intestacy
Justice R. Ryan Bell

Bisumbule c. Conway (2017 ONSC 6080)
dépens — représenté — indemnisation — règle — allègue
Justice M. O’Bonsawin

Jon Jessie William Driscoll v. Driscoll et al. (2017 ONSC 6079)
costs — attendance at cross-examination — preparation — indemnity
Justice M. O’Bonsawin

Thomas Jeffrey Kearns v. Brayman et al. (2017 ONSC 6078)
reasonable — indemnity costs — fees — rule — offer
Justice M. O’Bonsawin

Adjeleian v. Ottawa (City) (2017 ONSC 6160)
squash — occupier — belief — premises — glass
Justice R. Ryan Bell

Davis v. Aviva Canada Inc. (2017 ONSC 6173)
purpose test — vehicle — fluid — well-known activities to which automobiles — windshield
Justice C. Hackland

McPherson v. Napior (2017 ONSC 5934)
loan — unconscionable — loans — debtor must show — mortgage
Justice C. Hackland

Christopher Callow v. Tammy Zollinger et al. (2017 ONSC 5992)
misnomer — name — motion — named — amend
Justice M. O’Bonsawin

Criminal Matters

R. v. H.E. (2017 ONSC 4277)
bedroom — beyond a reasonable doubt — neck — grabbed — evidence
Justice R. Smith

R. v. Pahle (2017 ONSC 6164)
warrant — child pornography — subscriber information — officer — search
Justice A. Doyle

R. v. N.K. (2017 ONSC 5931)
offender — sentence — sexual assault — threatening to kill an animal — prison
Justice C. MacLeod

R v. Clarke (2017 ONSC 6044)
phone calls — letters — calls from an unknown number — harassment — jail
Justice S. Gomery

R. v. Barra and Govindia (2017 ONSC 6008)
presumptive ceiling — delay — extradition process — discrete event — preliminary inquiry
Justice M. Labrosse

R. v. Georges (2017 ONCJ 681)
driver’ s seat — cupholder — realistic risk of danger — keys — parked
Justice P. Doody

Court of Appeal Decisions of Local Interest

R. v. Scharf (2017 ONCA 794)
cocaine — bathroom — intruders — toilet — flush
Justices S. Pepall, M. Benotto, and I. Nordheimer


New on CanLII: Browne v. Dunn

A small ripple of excitement went up on legal Twitter yesterday when CanLII announced that a copy of the seminal case Browne v Dunn (1893) 6 R 67 (H.L.) was now available for free online. This case has plagued Canadian law libraries somewhat over the years – it’s incredibly important, regularly cited, and before now, not freely available anywhere. Many libraries, ours included, had an old photocopied version kicking around for when it was needed. Thanks to the Great Library at the LSUC, a copy is now up on CanLII. Enjoy!


Resource Spotlight: The Criminal Law Series by Emond Publishing

We’ve written about books from Emond Publishing before on Robeside Assistance, and we wanted to do so again to feature a relatively new series they have available. With the first book in the series published just last year, Emond has launched their “Criminal Law Series.” This series, currently up to four published titles, features easy to read and concise books on many aspects of the criminal justice system and criminal law practice, authored by both defence and Crown counsel. These books are geared toward the criminal law practitioner, and would be superb for anyone new to this area of law or would like a refresher.

Just last week, we received their newest entry to the series – Prosecuting and Defending Sexual Offence Cases: A Practitioner’s Handbook. To check out more about this book, including a summary table of contents, click here. This book joins other titles we’ve previously purchased, on youth criminal justice, extradition, and criminal appeals. The next titles to be published are scheduled to be on digital evidence and fraud cases, and we’re greatly looking forward to adding those to the collection.  If you’d like to review any of these books at our library, you’ll find these in the criminal law section of the Texts collection (or just ask us as the front desk!).


Recently Published Ottawa Decisions

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

Family Matters

Geisler v. Georgeoff (2017 ONSC 5746)
child — access — relationship — best — stepmother
Justice R. Beaudoin

CAS Ottawa v. C.W. (2017 ONSC 5761)
father — care — child — supervision — temporary
Justice C. MacLeod

Kirvan v. Kirvan (2017 ONSC 5661)
spousal support — offer — equalization — successful — life insurance
Justice M. Shelston

Guertin v. Dumas (2017 CanLII 64970)
bad faith — costs — offer — child s school — motion
Justice M. Shelston

Bouchard v. Poulin (2017 CanLII 64969)
docketed — motion — bill of costs — legal fees — offer to settle
Justice M. Shelston

Obam Dallaire v. Dallaire (2017 ONSC 5608)
motion — support — costs — jurisdiction — bonus
Justice R. Beaudoin

Civil Matters

Bouchard c. CECCE & Dupuis (2017 ONSC 5595)
expert — animation culturelle — écoles — impartialité — témoignage
Juge S. Gomery

Winmar v Steak & Sushi (2017 ONSC 5930)
equitable set-off — restoration — work — genuine issue requiring — contract
Justice R. Beaudoin

Abdollahpour v. Abdollahpour (2017 ONSC 5921)
costs — offer — motion — indemnity — inclusive of disbursements
Justice J. Parfett

McPeake v. Cadesky & Associates (2017 ONSC 5705)
firm — trust deed — retainer — shareholders — genuine issue requiring
Justice R. Ryan Bell

Treats v. Burloak (2017 ONSC 5692)
entire agreement clause — lease — email — building — occupancy
Justice H. Williams

Ridley Estate v. Eagan, Desjardins Financial Security et al. (2017 ONSC 5663)
funds — misappropriated — estates — served with the motion record — monies
Justice S. Corthorn

Maxrelco Immeubles Inc. v Jim Pattison Industries Ltd. (2017 ONSC 5836)
answers to undertakings — insurance policy — expert — discovery — produce
Justice M. O’Bonsawin

Dunn et al. v. TD Waterhouse and Eagan (2017 ONSC 5805)
funds — estates — misappropriated — individuals — search
Justice S. Corthorn

Criminal Matters

R. v. A.(E.G.) (2017 ONSC 5315)
evidence — acts of intercourse — father — sexual contact — events
Justice S. Corthorn

R. v. K.C. (2017 ONSC 5803)
pedophilia — sexual — dangerous offender — recidivism — predicate
Justice K. Phillips

R v. Arifi (2017 ONSC 5687)
defense — confession — voluntariness — motion for non-suit — evidence
Justice S. Gomery

R. v. Jacko (2017 ONSC 5584)
aboriginal — probation — sentence — community — knife
Justice C. MacLeod

R. v. M. (2017 ONSC 5537)
text message — reasonable doubt — cocaine — evidence — clinging
Justice P. Roger

Divisional Court Decisions from Ottawa Judges

Norma Wexler v. Carleton Condominium Corporation No. 28 (2017 ONSC 5697)
costs — penalize — principle — standard of review — amount
Justice M. O’Bonsawin