Ottawa Law Blogs


Ottawa Blog Roll: April 2017

Please find below links to blog posts or articles authored by the Ottawa legal community in April.

Civil Litigation

Contingency Fees
– Bryan Delaney, Delaney’s Law Firm

Changes to the Ontario Insurance Act that will directly impact on your Auto Insurance Benefits – Consumers Beware
– Kevin Cantor, Mann Lawyers

Distracted Driving: Still the #1 Cause of Road Fatalities in Ontario
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Is your Condo Ready for the Legalization of Marijuana?
– Rod Escayola, Condo Adviser

Condo Arrears Include Legal Fees
– Jocelyn Duquette, Condo Adviser

The Final Version of the Licensing Regulations for Condo Managers is Officially Out!
– Rod Escayola, Condo Adviser

Corporate Commercial Law

Federal Not-for-Profit Corporations: Board Removal – No; Board Suspension – Yes
– Michael A. Chambers, Maclaren Corlett

Securities Alert – Social Media Tips for Reporting Issuers
– Perley-Robertson, Hill & McDougall LLP

Criminal Law

Lessons For Canada From 13th
– Anne Marie McElroy, McElroy Law

Police Accountability: There is No Right to Silence
– Michael Spratt, Abergel Goldstein & Partners LLP

Common Privacy?
– Dallas Mack, Mack’s Criminal Law

Privacy Limitations Defined
– Dallas Mack, Mack’s Criminal Law

March Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

Women Without Heels and Full Makeup Need Not Apply
– Dana Du Perron, Nelligan O’Brien Payne

Solidarity and Sacrifice: US Athletes Fight For Equality
– Andrew Reinholdt, Nelligan O’Brien Payne

Wrongful dismissal – when does the limitation period clock start running?
– Andrew Vey, Vey Willetts LLP

Termination Clause Unenforceable due to ‘Potential Violation’ of Minimum Standards
– Paul Willetts, Vey Willetts LLP

Continue Reading…


Ottawa Blog Roll: March 2017

Please find below links to blog posts or articles authored by the Ottawa legal community in March.

Civil Litigation

The Defence of “Fair Comment”
– Owen Bourns, Ottawa Litigation

Corporate Damages for Defamation
– Owen Bourns, Ottawa Litigation

A Deadly Season for Ontario Snowmobilers
– Frank Van Dyke, Van Dyke Injury Law Blog

Did a “Secret Policy” Deprive Hundreds of Workers of Their Full WSIB Injury Awards?
– Frank Van Dyke, Van Dyke Injury Law Blog

The Streamlining of International Rules: Changes aimed at improving efficiency, transparency
– R. Aaron Rubinoff & John Siwiec, Perley-Robertson, Hill & McGougall LLP

Condominium Law

Condo Managers Will Not Be Able to Solicit Proxies Under the New Condo Management Services Act
– Rod Escayola, Condo Adviser

A Requisition for a Special Owners Meeting can Lead to a Defamation Case
– Rod Escayola, Condo Adviser

What can Condo Corporations do When Owners Display Signs of Mental Incapacity?
– Rod Escayola, Condo Adviser

Corporate Commercial Law

Securities Alert – Disclosure of Cyber Security Risks
– Perley-Robertson, Hill & McDougall LLP

Criminal Law

Restoring Public Faith In The Courts Around Sexual Assault: Judicial Education Is Not Enough
– Anne Marie McElroy, McElroy Law

Women In Criminal Law
– Anne Marie McElroy, McElroy Law

ASAP: Constitutional Or Evidentiary Requirement, It Depends
– Dallas Mack, Mack’s Criminal Law

Institutional Bias Favouring Crown Attorneys Preventing Level Playing Field
– Michael Spratt, Abergel Goldstein & Partners LLP

Jim Watson and the Sound of Cowardice
– Michael Spratt, Abergel Goldstein & Partners LLP

Continue Reading…


Ottawa Blog Roll: February 2017

Please find below links to blog posts or articles authored by the Ottawa legal community in February.

Civil Litigation

So You Want to Appeal… (Part 3): Appealing a decision from Small Claims Court
– Megan E. Fife, Maclaren Corlett

What is Vision Zero and How Can It Prevent Traffic Injuries and Fatalities?
– Frank Van Dyke, Van Dyke Injury Law Blog

Driverless Cars: Just as Safe for Pedestrians?
– Frank Van Dyke, Van Dyke Injury Law Blog

Suing a Landlord for Negligence: Limitation Periods
– Najma Rashid, Ontario Trial Lawyers Association Blog

Dog Walkers Beware! Important Dog Bite Decision from the Ontario Court of Appeal
– Andrea Girones, Girones Lawyers

Condominium Law

More Regulatory Proposals for the Condo Industry
– Rodrigue Escayola, Condo Adviser

New Disclosure Obligations for Condo Directors
– Rodrigue Escayola, Condo Adviser

New Mandatory Training for Condo Directors
– Rodrigue Escayola, Condo Adviser

Licensing of Condominium Managers-What does it mean to have an address for service in Ontario? (Blog No. 7 in a Series)
– James Davidson, Davidson Houle Allen LLP

Licensing of Condominium Managers – What information (about licensees) will be available to the public? (Blog No. 8 in a series)
– James Davidson, Davidson Houle Allen LLP

Proposed Regulatory Changes: Condominium Authority of Ontario (CAO), Condominium Management Regulatory Authority of Ontario (CMRAO) and the Condominium Authority Tribunal
– Kristen Bailey, Davidson Houle Allen LLP

Summary of Draft Regulations under the Condominium Act – Director Training
– James Davidson, Davidson Houle Allen LLP

Corporate Commercial Law

Conflict of Interest: An Often Misunderstood Concept
– Michael A. Chambers, Maclaren Corlett

Is Your Promissory Note a Security?
– Paul Franco, Mann Lawyers

Anticipating Increased Interest in Canada as a Place to do Business
– Dirk Bouwer, Perley-Robertson, Hill & McDougall LLP

SECURITIES ALERT – Regulators Review Rights Offerings
– Perley-Robertson, Hill & McDougall LLP

Criminal Law

Conservatives Are Up to Their Old Disingenuous Tricks
– Michael Spratt, Abergel Goldstein & Partners LLP

February 2017 Criminal Law Round-Up
– Anne-Marie McElroy, McElroy Law

Avoiding An Otiose And Absurd Result
– Dallas Mack, Mack’s Criminal Law

Cataloging The Basis For An Inventory Search
– Dallas Mack, Mack’s Criminal Law

Intentionally Present
– Sarah Sullivan, Mack’s Criminal Law

Continue Reading…


Ottawa Blog Roll: January 2017

Please find below links to blog posts or articles authored by the Ottawa legal community in January.

Civil Litigation

When Doctors Are Actually “Hired Guns”
– Frank Van Dyke, Van Dyke Injury Law Blog

Civil Lawyers Raise the Alarm on Case Delays
– Andrea Girones, Girones Lawyers

Construction Liens – Vacating Your Lien Does Not Mean Losing It!
– Patrick Simon, Vice and Hunter LLP

Condominium Law

Condo Manager Licensing in Ontario: The “General” licence
– Rod Escayola, Condo Adviser

Condo Managers With a Limited Licence Will Have to Work Under Supervision
– Rod Escayola, Condo Adviser

Who Will Be Exempt from Mandatory Licensing of Condo Managers?
– Rod Escayola, Condo Adviser

Licensing of Condominium Managers – Who Needs to be Licensed? (Blog No. 1 in a Series)
– Davidson Houle Allen LLP

Licensing of Condominium Managers- Licensing Timeframes and Requirements (Blog No. 2 in a Series)
– Davidson Houle Allen LLP

Licensing of Condominium Managers-Restrictions on Managers who have a Limited Condominium Management Licence (Blog No. 3 in a Series)
– Davidson Houle Allen LLP

Licensing of Condominium Managers-Who can obtain a licence to be a condominium manager? (Blog No. 4 in a Series)
– Davidson Houle Allen LLP

Licensing of Condominium Managers- Six Questions Answered (Blog No. 5 in a Series)
– Davidson Houle Allen LLP

Licensing of Condominium Managers-What are some of the statutory obligations placed upon licensees? (Blog No. 6 in a Series)
– Davidson Houle Allen LLP

Suspended Access Equipment- New OHSA Regulation Amendments in Effect January 1, 2017
– Davidson Houle Allen LLP

Corporate Commercial Law

Ontario Court of Appeal confirms Two-Year Limitation Period to Enforce American Judgments in Ontario
– Shawn O’Connor & Allison Russell, Startup.Buildup.Sellup.

It is a Governance Issue or a Management Issue? An Often Made Misdiagnosis
– Michael A. Chambers, Maclaren Corlett

Criminal Law

January 2017 Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

Justice Denied: Delay in Criminal Court and the Right to a Speedy Trial
– Anne-Marie McElroy, McElroy Law

You Are Not The Reasonable Person
– Louise Tanset, Mack’s Criminal Law

Continue Reading…


Ottawa Blog Roll: December 2016

Happy New Year! 2016 was a great year for Ottawa Law Blogs, and we are so pleased that so many Ottawa bloggers showed up in this year’s Clawbies, the Canadian Law Blog Awards. We are so incredibly honoured and grateful that Robeside Assistance was recognized as the winner in the Best Law Library Blog Award category!

Congratulations also to our fellow Ottawa bloggers:

And without further ado, below are links to blog posts or articles authored by the Ottawa legal community in December.

Civil Litigation

So You Want to Appeal… (Part 2): Appealing a decision from Small Claims Court
– Megan E. Fife, Maclaren Corlett

Is WSIB Discriminating Against Workers with Mental Illness?
– Frank Van Dyke, Van Dyke Injury Law Blog

Penalties for Drivers in Fatal Pedestrian Accidents – Is Ontario Car-Biased?
– Frank Van Dyke, Van Dyke Injury Law Blog

Social Host Liability
– Burke-Robertson LLP

Man Loses Millions to His Kids in Elder Abuse Case
– Vice and Hunter LLP

Minister Facing Numerous Charges in Elder Abuse Case
– Vice and Hunter LLP

Man Bankrupts Mother in Case of Financial Elder Abuse
– Vice and Hunter LLP

Condominium Law

Using a By-law to Control Parking
– James Davidson, Davidson Houle Allen LLP

Can Condo Owners Lease Out Their Parking Space?
– Rod Escayola, Condo Adviser

Airbnb Is Incompatible with The “Single Family Use” Provision of Most Condo Declarations
– Rod Escayola, Condo Adviser

Regulations Under the Legislation to Regulate Condo Managers Are Out For Consultation!
– Rod Escayola, Condo Adviser

A Canadian Christmas Story: Remembering the Battle of Ortona
– Rod Escayola, Condo Adviser

The “Airbnb” Decision is Out
– Rod Escayola, Condo Adviser

Continue Reading…


Ottawa Blog Roll: November 2016

Below are links to blog posts or articles authored by the Ottawa legal community in November.

Civil Litigation

So You Want to Appeal… (Part 1 – General Overview)
– Megan E. Fife, Maclaren Corlett

Vicarious liability: You are liable for the actions of people who have “possession” of your vehicle with your “consent”
– Burke-Robertson LLP

Safeguarding the Arbitration Process: Court deters frivolous claims of arbitrator bias
– R. Aaron Rubinoff and John Siwiec, Perley-Robertson, Hill & McDougall LLP

A Brief Review of Social Host Liability in Canada
– Ally Czarnowski, Perley-Robertson, Hill & McDougall LLP

Condominium Law

Courts Will Protect Condo Board Decisions… made in good faith
– Rod Escayola, Condo Adviser

Register Your Condo Lien Early or Risk Losing It
– Rod Escayola, Condo Adviser

Condominium Declaration, By-laws and Rules: What’s the Difference?
– Rod Escayola, Condo Adviser

How Much Time Does a Condo Have to Register a Lien ? (Part 2)
– Rod Escayola, Condo Adviser

First-Year Deficit of a Condominium Corporation
– Rod Escayola, Condo Adviser

Case Law Highlights
– James Davidson, Condo Law News

New Authorities Under Bill 106
– James Davidson, Condo Law News

Discovery of Claims Requires Asking the Right Questions
– Christy Allen, Condo Law News

Corporate Commercial Law

VIDEO BLOG: SPACs and CPCs: Alternatives to Private Equity and Traditional IPOs
– Conor Cronin, Perley-Robertson, Hill & McDougall LLP

Criminal Law

Marijuana dispensaries wait as report on Canada’s legalization due Nov. 29, 2016 – Risk of charges continues
– Brett McGarry, McGarry Law

“We all share blame”: Reconciliation and sentencing in R v. Pelletier
– Anne-Marie McElroy, McElroy Law

October Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

In the News: Publication Ban and the Presumption of Innocence
– Shore Davis Johnston

The RCMP Needs You Scared – and the Media Seems Happy to Help
– Michael Spratt, Abergel Goldstein & Partners LLP

Are the Liberals Missing the Will to Change the Status Quo
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

When the Most Qualified Candidate Does Not Win
– Sean Bawden, Labour Pains

Dismissed employee receives punitive damages award
– Wassim Garzouzi, RavenLaw

Continue Reading…


Ottawa Blog Roll: October 2016

Below are links to blog posts or articles authored by the Ottawa legal community in October.

Civil Litigation

Pay When Paid Clauses
– Owen Bourns, Ottawa Litigation

Auto Insurance Coverage: You Don’t Know What You Got ‘Till It’s Gone
– Frank Van Dyke, Van Dyke Injury Law Blog

Having trouble locating and serving a defendant? You may want to consider substituted service upon their liability insurer.
– Nicholas Krakana, Girones Lawyers

The Steps in a Civil Litigation Action
– Alexandra Ormond, Perley-Robertson Hill & McDougall LLP

Corporate Commercial Law

Canada’s New Eligible Capital Property Tax Regime and What It Means for Canadian Controlled Private Corporations
– Kentt Coburn, Startup.Buildup.Sellup.

Integrity and Good Governance is more than Paperwork
– Michael A. Chambers, Maclaren Corlett

Criminal Law

Are the Ottawa Police Racist?
– Michael Spratt, Abergel Goldstein & Partners LLP

Criminal Defence Lawyers Oil the Machinery of Justice, and We Pay For That Privilege
– Michael Spratt, Abergel Goldstein & Partners LLP

Joint positions and the administration of justice
– Anne-Marie McElroy, McElroy Law

The legality of sexting
– Anne-Marie McElroy, McElroy Law

September Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

New penalties for drug-impaired driving take effect Oct. 2, 2016, in Ontario
– Brett McGarry, McGarry Law

Parliament considering tough new impaired driving laws
– Brett McGarry, McGarry Law

Legalized Marijuana: Lessons From the U.S. Experience
– Tim McCunn and Alicia Czarnowski, Perley-Robertson Hill & McDougall LLP

Employment & Labour Law

Active Employment and Employee Bonus Entitlements
– Paul Willetts, Vey Willetts LLP

Wrongful resignation: Revisiting the employee obligation to provide reasonable notice
– Andrew Vey, Vey Willetts LLP

Duty to Provide an Employer with Reasonable Notice of Termination
– Jill Lewis, The Workplace Matters

Deletion of Browser History in Failed Attempt to Protect Privacy Not Spoliation of Evidence
– Sean Bawden, Labour Pains

Mitigation – It Doesn’t Happen In A Vacuum
– Christopher Rootham, The Workplace Matters

Changing Workplaces Review: Update The Definition of “Employee”?
– Janice Payne, The Workplace Matters

Continue Reading…


Ottawa Blog Roll: September 2016

Below are links to blog posts or articles authored by the Ottawa legal community in September.

Civil Litigation

Canada Pension Plan Disability Benefits – A Primer
– Najma Rashid, OTLA Blog

Ottawa’s Cyclist Safety Crisis
– Frank Van Dyke, Van Dyke Injury Law Blog

What is a “Rule 49” Offer to Settle?
– Alexandra Ormond, Perley-Robertson Hill & McDougall LLP

Corporate Commercial Law

Agreements of Purchase and Sale Must be Completed in Good Faith
– Noah Potechin, Merovitz Potechin LLP

Video Blog – Management Buyout as Succession Plan Option
– Robert P. Kinghan, Perley-Robertson Hill & McDougall LLP

Criminal Law

A Picture May Be Worth a Thousand Words, But the Fairness When It Comes to the Justice System is Priceless
– Michael Spratt, Abergel Goldstein & Partners LLP

Can’t Sneak That Third Party In The Back Door
– Dallas Mack, Mack’s Criminal Law

Objective Validity: Is That Sufficient?
– Dallas Mack, Mack’s Criminal Law

Invitation To Knock? Depends If You Are Investigating Or Searching…
– Dallas Mack, Mack’s Criminal Law

The Basics of Bail
– Anne-Marie McElroy, McElroy Law

August Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

Employment & Labour Law

“Age is an impediment”: Fair severance for older employees in Ontario
– Paul Willetts, Vey Willetts LLP

Surviving Your Performance Improvement Plan
– Andrew Vey, Vey Willetts LLP

For Your Eyes Only – Privacy and Digital Technology
– Paul Taylor-Sussex, Labour of Law

Being “Reckless With the Truth” Not Just Cause for Termination
– Sean Bawden, Labour Pains

Will Wood Finally Answer the Question of Benefits? There’s Hope.
– Sean Bawden, Labour Pains

Emotional Upset Not Enough for Award of General Damages: ONCA
– Sean Bawden, Labour Pains

It’s All In Your Head! When Should You Report A Head Injury?
– Peggy King, Labour of Law

Terminations during the Probationary Period: Three Common Assumptions
– Colleen Hoey, Mann Lawyers

Fiduciary Employees Held to a Higher Standard
– Jill Lewis, The Workplace Matters

Restrictive Covenants: What Are My Rights Post-Employment?
– Stephanie Lewis, The Workplace Matters

Family Law

Attending Kids’ Events: Whose Turn is It?
– Dana Du Perron, The Family Connection

Donor Sperm: Buyer Beware?
– Erin Lepine and Paul Taylor-Sussex, The Family Connection

Cost Recovery in Family Law Litigation
– Tess Brown, LMR Family Law

Continue Reading…


Ottawa Blog Roll: August 2016

Below are links to blog posts or articles authored by the Ottawa legal community in August.

Civil Litigation

“Lo and behold, it turned out that the driver was playing Pokemon Go”
– Frank Van Dyke, Van Dyke Injury Law Blog

Is Ontario’s New One-Meter Passing Rule Actually Protecting Cyclists?
– Frank Van Dyke, Van Dyke Injury Law Blog

Corporate Commercial Law

Ontario Adopts New Forfeited Corporate Property Act
– Paul Franco, Mann Lawyers

Equity Crowdfunding – How Is It Working
– Paul Franco, Mann Lawyers

New Bills Introduced to the Craft Beverage Industry
– Conor Cronin, Perley-Robertson Hill & McDougall LLP

Criminal Law

On feminism and criminal defence
– Anne-Marie McElroy, McElroy Law

July Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

Drunk on power: proposed changes to impaired driving law in Canada
– Anne-Marie McElroy, McElroy Law

Recognizing Statutory Experts
– Dallas Mack, Mack’s Criminal Law

Looked Like A Gun, Walked Like A Gun, Quacked Like A Gun
– Sarah Sullivan, Mack’s Criminal Law

Liberals May Change Minimum Sentence… For the Worse
– Michael Spratt, Abergel Goldstein & Partners LLP

It’s Time to Record the Police
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

How Could Phoenix Payroll Land the Feds in Hot Water? Let Us Count the Ways
– Sarah Clowater, Labour of Law

Employers Responsible for Protecting Employees from Harassment on Twitter
– Sean Bawden, Labour Pains

Wilson v Atomic Energy of Canada Ltd: The victory for workers that almost wasn’t
– Amanda Montague Reinholdt, Raven Law

NS to Junior Hockey Players: Labour Protection? Who Needs It!
– Andrew Reinholdt, Labour of Law

The Strudwick Decision – When Employers Get What They Deserve
– Andrew Reinholdt, The Workplace Matters

Fixed-term Contracts: 10 Things You Should Know
– Jill Lewis, The Workplace Matters

Earned Bonuses: Payable upon Termination?
– Dana Du Perron, The Workplace Matters

Filing A Ministry of Labour Complaint
– Alison McEwen, The Workplace Matters

Arbitrations vs. Trials: What’s the Difference?
– Karine Dion, Labour of Law

Bore out: Workplace boredom and employer liability
– Paul Willetts, Vey Willetts LLP

Validity of Termination Clauses in Employment Contracts
– Kelli-Anne Day, Merovitz Potechin LLP

Continue Reading…


Ottawa Blog Roll: July 2016

Hope everyone is having a good summer! Below are links to blog posts or articles authored by the Ottawa legal community in July.

Civil Litigation

Lessons From Tragedy: What We Can Learn From Fatal Bike Accidents in Ontario
– Frank Van Dyke, Van Dyke Injury Law Blog

Quebec’s New Code of Civil Procedure
– R. Aaron Rubinoff and John Siwiec, Perley-Robertson Hill & McDougall LLP

What happens when cyclists are involved in motor vehicle accidents?
– Isaac da Silva Aboo, Summer Student, Perley-Robertson Hill & McDougall LLP

The Limits of Personal Liability Coverage
– Brett Hodkins, Perley-Robertson Hill & McDougall LLP

State Farm Mutual Automobile Insurance Company v. Aslan et al., 2016 ONSC 2725
– Najma Rashid, OTLA BLog

Corporate Commercial Law

Ontario is Proposing to Repeal the Bulk Sales Act
– Paul Franco, Mann Lawyers

New – Reporting Requirements For Prospectus Exemptions
– Koby Smutylo, Smutylo Law+

Till Debt Do Us Part: Picking Partners for Business
– Megan Martins, Momentum Law

Criminal Law

Black Lives Matter: Police Accountability in Ontario
– Anne-Marie McElroy, McElroy Law

June Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

The right to a speedy trial overhauled by Supreme Court of Canada
– Brett McGarry, McGarry Law

Expect Delays: Right to a Speedy Trial
– Michael Spratt, Abergel Goldstein & Partners LLP

The Penile Swab: Extraction, Retention and Admissibility in a Court of Law
– Reem Zaia, Codified

Employment & Labour Law

Pokémon GO: A contemporary example of how new technology can impact the workplace
– Andrew Vey, Vey Willetts LLP

Q&A: Vacation Entitlements for Ontario Employees and Employers
– Jonathan Ferris, Vey Willetts LLP

Having Faith
– Alayna Miller, Mann Lawyers

Arbitrators and Human Rights Tribunals Taking Their Lead From Courts?
– Sean T. McGee, Labour of Law

Where Can I Find That Case? A Short Guide To Finding Labour Cases
– Christopher Rootham, Labour of Law

Continue Reading…