Ottawa Law Blogs


Ottawa Blog Roll: July 2017

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

Civil Litigation

The Court of Appeal finds Spilt Coffee at a Drive-Through is an Insurable Accident
– Shawn O’Connor and Sasha Willms, Kelly Santini LLP

Was Door-to-Door Salesperson on Lunch Break Still Working for WSIB Purposes?
– Frank Van Dyke, Van Dyke Injury Law Blog

“Self-Diagnosis” Not a Basis for Claiming CPP Disability Benefits
– Frank Van Dyke, Van Dyke Injury Law Blog

Compelling Attendance at an Examination Under Oath Requires Notice but not Reason
– Mitch Kitagawa and Sarah Reich, Kelly Santini LLP

Insurers Bear the Burden of Non-Compliance with Non-Renewal Notice Requirements
– Mitch Kitagawa and Chantel Helwer, Kelly Santini LLP

When One Size Doesn’t Fit All: Relationships & the Interpretation of Dependency for the Purposes of Accident Benefits
– Mitch Kitagawa and Kate Craner, Kelly Santini LLP

Risky summer activities: What are you waiving when you sign that form?
– Peter J.E. Cronyn, Nelligan O’Brien Payne

Mental Injury: What’s in a Name?
– Jennifer Aouad, Low Murchison Radnoff LLP

Condominium Law

Defamation: Condos must protect the reputation of its directors
– Rod Escayola, Condo Adviser

Condos will Need to Increase Their Fees to Pay for the New Condo Authority
– Rod Escayola, Condo Adviser

New Info on the Education and Examination Requirements for Condo Managers
– Rod Escayola, Condo Adviser

Condos will Have to File Yearly Information Returns
– Rod Escayola, Condo Adviser

How Much will a Condo Manager’s Licence Cost?
– Rod Escayola, Condo Adviser

How Much will the Condo Authority Cost and Who will Pay for it?
– Rod Escayola, Condo Adviser

Condominium Returns
– James Davidson, Davidson Houle Allen LLP

Proposed Fees for the Condominium Management Regulatory Authority of Ontario
– Christy Allen, Davidson Houle Allen LLP

Summary of the Proposed Regulations now available: the Condominium Database, and filing Returns
– Kristen Bailey, Davidson Houle Allen LLP

CAO and CAT Proposed Fees
– James Davidson, Davidson Houle Allen LLP

Constitutional Law

The Case of Omar Khadr
– Delaney’s Law Firm

Twelve Points about the Khadr Saga
– Craig Forcese, National Security Law

A Once & Final Parsing of the Legal Context for the Khadr Settlement
– Craig Forcese, National Security Law

Corporate Commercial Law

New International Commercial Arbitration Act in force in Ontario
– R. Aaron Rubinoff and John Siwiec, Perley-Robertson, Hill & McDougall LLP

New Record-Keeping Obligations for Old and New Ontario Corporations: What are they?
– Philip M. Aubry, Perley-Robertson, Hill & McDougall LLP

Criminal Law

The Art Of Sentencing: Why It’s Time To Revisit Mandatory Minimums
– Anne Marie McElroy, McElroy Law

Continue Reading…


Ottawa Blog Roll: June 2017

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

Civil Litigation

SCC Upholds Costs Order Against Lawyer Personally
– Margaret R. Truesdale, Perley-Robertson, Hill & McDougall LLP

Saadati v. Moorhead: The repudiation of a dubious perception of mental illness
– D. Lynne Watt, Gowling WLG

What is an Occupational Therapist?
– Najma Rashid, OTLA Blog

Relief From Forfeiture Granted Where a Tenant Failed to Deliver a Timely Written Notice of Their Intention to Renew the Lease
– Rob de Toni, Merovitz Potechin LLP

Does the Insurer have a Duty to Defend the Insured Based on the Policy’s Coverage?
– Mitch Kitagawa & Kentt Coburn, Kelly Santini LLP

Insurers Must Provide Actual Reason(s) for Examinations Under Oath
– Mitch Kitagawa & Kentt Coburn, Kelly Santini LLP

Joint Retainers: When Multi-Parties Share the Same Lawyer
– Eric Appotive, Kelly Santini LLP

Using Expert Evidence in Medical Malpractice Claims
– Frank Van Dyke, Van Dyke Injury Law Blog

ODSP Rate Increase for Medical Travel: Moving in the Right Direction
– Emily Cumbaa, RavenLaw

Condominium Law

Can Condos Prohibit the Display of Canadian Flags?
– Jocelyn Duquette, Condo Adviser

Will Toronto’s Proposed Airbnb Regulation Help Condos?
– Rod Escayola, Condo Adviser

How Much will the Condo Authority Cost Condo Owners?
– Rod Escayola, Condo Adviser

Construction Law

It’s finally here! Ontario reforms the Construction Lien Act
– Gowling WLG

Corporate Commercial Law

New Canadian Anti-Spam Legislation (CASL) Rules in Effect as of July 1, 2017
– Ian McLeod, Mann Lawyers

Criminal Law

Jordan, Cody And Some Friendly Reminders On Delays In The Courts
– Anne Marie McElroy, McElroy Law

Lessons Learned In Criminal Law
– Anne Marie McElroy, McElroy Law

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

Employment & Labour Law

Ontario Court: ‘total payroll’ must be considered when assessing employer severance pay obligation
– Paul Willetts, Vey Willetts LLP

Wrongful Dismissal Cases are Appropriate for Resolution by way of Application: ONSC
– Sean Bawden, Labour Pains

Can Employers Opt-In to the Common Law to Opt-Out of the Canada Labour Code?
– Sean Bawden, Labour Pains

Mind the Gap – What Happens When Details Are Missing From a Settlement?
– Sean T. McGee, Nelligan O’Brien Payne

Family Law

Securing Support with Life Insurance: The Dagg v. Cameron Estate Case
– Kathleen Wright, Mann Lawyers

School Registration
– Caspar Van Baal, Mann Lawyers

Indigenous Law

Own-Source Revenue – Reconcili-action?
– Michel Nolet, Nelligan O’Brien Payne

Continue Reading…


Ottawa Blog Roll: May 2017

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

Civil Litigation

Boating Insurance Coverage
– Dan Cunningham, Quinn Thiele Mineault Grodzki LLP

“I Thought I Was OK”—The Invisible Accident Injury
– Frank Van Dyke, Van Dyke Injury Law Blog

Is a 6-Year Delay Too Long for Scheduling a Medical Malpractice Trial?
– Frank Van Dyke, Van Dyke Injury Law Blog

Jurors in Motor Vehicle Accident Trials: Should All Insured Drivers Be Excluded?
– Frank Van Dyke, Van Dyke Injury Law Blog

Is an All-Terrain Vehicle an “Automobile”?
– Frank Van Dyke, Van Dyke Injury Law Blog

Are Long Term Disability Settlements Deductible From Other Awards?
– Andrea Girones, Girones Lawyers

Condominium Law

Countdown to your Next AGM (Under the New Condo Act)
– Rod Escayola, Condo Adviser

Condos Have More Time Before Changes to Insurance Regime
– Rod Escayola, Condo Adviser

Steps Required by Condos to Allow for Electronic Service of Documents on Owners
– Rod Escayola, Condo Adviser

Contract Law

Gym Memberships
– Paul Franco, Mann Lawyers

Corporate Commercial Law

Ontario Scale Up Vouchers Program
– Paul Franco, Mann Lawyers

Not-for-Profit Corporations: It May be Time for You to Transition!
– Maria-Cristina Harris, Mann Lawyers

Private Right Of Action Under Anti-Spam Law
– Maria-Cristina Harris, Mann Lawyers

Thinking Ahead to Ensure Your Business is Sale-Ready
– Megan Wallace, Perley-Robertson, Hill & McDougall LLP

Criminal Law

Milling Around In The World Of Internet Privacy
– Dallas Mack, Mack’s Criminal Law

No One Truly Knows a Nation Until One has been Inside Its Jails
– Michael Spratt, Abergel Goldstein & Partners LLP

Judicial Poetry
– Michael Spratt, Abergel Goldstein & Partners LLP

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

Digital Privacy And Cell Phone Searches
– Anne Marie McElroy, McElroy Law

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

Employment & Labour Law

Mo Money Mo Problems (A Review of Termination Pay Obligations for Large Payrolls)
– Sean Bawden, Labour Pains

Continue Reading…


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…