Jennifer Walker


Recently Published Ottawa Decisions

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

Family Matters

Boyer v. Brown (2019 ONSC 3011)
date of separation — interest in the matrimonial home — affair — couples counselling — infidelity
Justice S. Corthorn

Children’s Aid Society of (Ottawa) v. JR. (2019 ONSC 3012)
access visits — apartment — child — police — shelter
Justice S. Gomery

Yovcheva v. Hristov (2019 ONSC 1007)
husband — income — spousal support — wife — child support
Justice A. Doyle

Sealey v. Hoyte (2019 ONSC 2702)
offer — costs — unsupervised access — motion — favourable
Justice P. MacEachern

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Recently Published Ottawa Decisions

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

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Library Tours for Summer Students

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

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

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

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Recently Published Ottawa Decisions

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

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#ThrowbackThursday: Annual Institute of Family Law 1999

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

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

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

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

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