Ottawa Law Blogs


Ottawa Blog Roll: April 2019

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

Civil Litigation

When is it too late to sue for debt owing on multiple issued invoices?
– Sarah Macaluso, Merovitz Potechin LLP

Parental Waivers for Children’s Activities – Are they valid?
– Michael Brown, Merovitz Potechin LLP

Condominium Law

When Neighbourly Disputes Get Out of hands
– Rod Escayola, Condo Adviser

Should Condo Owners Vote on Changes to Common Elements?
– Rod Escayola, Condo Adviser

Soliciting Proxies: Can Condominium Managers Do It?
– Melinda Andrews, Davidson Condo Law

Privacy and the Common Elements: Are Police Surveillance Cameras Allowed on Condominium Property?
– James Davidson, Davidson Condo Law

Criminal Law

Ontario’s Legal Aid Cuts: David vs Goliath
– Michael Spratt, Abergel Goldstein & Partners LLP

Wilson-Raybould Was Not Wrong to Record Wernick’s Call
– Michael Spratt, Abergel Goldstein & Partners LLP

April 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

Employee Entitled to Vacation Pay on “Discretionary” Bonus
– Sean Bawden, The House Work Blog

Medical Cannabis and Safety-Sensitive Jobs: Where can Employers Draw the Line?
– Andrew Vey, Vey Willetts LLP

Arbitrator reinstates locomotive engineer fired for drinking whiskey on the job
– Paul Willetts, Vey Willetts LLP

Bill 66 becomes law, changing overtime and union representation of some employees in construction
– André Poulin-Denis, Gowling WLG

Food & Beverage Law

Blockchain: An innovative tool for keeping the global food supply chain safe and ethical
– Stephen A. Pike, Shaela W. Rae & Filip Hrga, Gowling WLG

Naturally complicated
– Ronald L. Doering, Gowling WLG

IP & Copyright Law

Data protection in Canada: The six-month pediatric extension
– Cole Meagher & Jenny Thistle, Gowling WLG

New Streamlined System for Remedying Double Patenting is on the Horizon for Canada
– Wendy Lamson, Perley-Robertson, Hill & McDougall LLP/s.r.l.

What Could Possibly Go Wrong with the Government’s Proposed Regulations re Time Limits at Canada’s Copyright Board?
– Howard Knopf, Excess Copyright

The Copyright Board’s “New Leaf”? Not So Much and Not at All
– Howard Knopf, Excess Copyright

The Toronto Real Estate Board is Back in the Copyright News
– Howard Knopf, Excess Copyright

Access Copyright Proposed Tariffs: Is the Copyright Board Turning Over New Leaves?
– Howard Knopf, Excess Copyright

Practice Management

How to make less money
– Jordan Furlong, Law21

The future of law, maybe
– Jordan Furlong, Law21

Privacy Law

Federal Privacy Commissioner proposes a complete reversal of its longstanding approach to data transfers, including cross-border transfers
– Multiple authors, Gowling WLG

Security Law

Attorney General Independence: The Forgotten Basford Standard and its National Security Nexus
– Craig Forcese, Intrepid

Testimony: Professor Michael Nesbitt on Bill C-59 in Senate
– Michael Nesbitt, Intrepid

Testimony: Professor Leah West on Bill C-59 in Senate
– Leah West, Intrepid

Trade Law

Steel Safeguards: The First Test of Canada’s Membership in the Alliance for Multilateralism
– Gordon LaFortune, Canadian Trade Law Blog

 

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!


Ottawa Blog Roll: March 2019

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

Bankruptcy & Insolvency Law

Are Licensed Insolvency Trustees Liable for Complying with Environmental Cleanup Orders?
– Merovitz Potechin LLP

Civil Litigation

Is there a tort of harassment in Ontario? ONCA says “no, but maybe, but probably not, so yeah…” 
– Andrew Montague-Reinholdt, Nelligan O’Brien Payne

Condominium Law

Soldier Ordered to Take Down Canadian Flag from Condo Unit
– Rod Escayola, Condo Adviser

Court Approves a Borrowing By-law Despite the Absence of a Majority Supporting it
– Rod Escayola, Condo Adviser

Must Condos Making Renovations Implement Accessibility Measures?
– Graeme Macpherson, Condo Adviser

Do Police Need a Warrant to Investigate on Common Elements (Part I)
– Rod Escayola, Condo Adviser

Ontario Condominium Status Certificates
– Merovitz Potechin LLP

Flagging Issues on the Common Elements
– Christy Allen & Andrea Daly, Davidson Condo Law

Costs, Costs, Costs… Another Court Decision Considers Recovery of Legal Costs
– Jessica Weick & Cheryll Wood, Davidson Condo Law

Corporate Commercial Law

International transactions: Consumer contracts Q&A Canada
– Multiple Authors, Gowling WLG

International transactions: Agency Q&A Canada
– Multiple Authors, Gowling WLG

For Whom the Limitation Period Tolls: Agreements under Section 11 of the Limitations Act
– Alexander Bissonnette, Mann Lawyers

Criminal Law

March 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

MCLNugget: Montesano ONCA
– Dallas Mack, Mack’s Criminal Law

SNC-Lavalin Affair Raises the Issue of the Role of Former Judges
– Michael Spratt, Abergel Goldstein & Partners LLP

Gerald Butts’ Quarrel with Jody Wilson-Raybould’s Evidence Falls Short
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Ontario superior court confirms that frustration of contract is a two-way street
– Andrew Vey, Vey Willetts LLP

Hi. I have some news.
– Sean Bawden, Labour Pains

Employer Entitled to Return of Severance Payment After Discovering Misappropriation of Funds
– Sean Bawden, The House Work Blog

Frustration Does Not Require an Act of an Employer
– Sean Bawden, The House Work Blog

Inability to Measure and Manage Risk of Harm Created by Cannabis Use Constitutes Undue Hardship: NFLD Supreme Court
– Sean Bawden, The House Work Blog

Did the WSIB get the memo on marijuana?
– Jim Anstey & Peggy King, Nelligan O’Brien Payne

Government Affairs 

Ontario government announces plans for centralized procurement
– Multiple authors, Gowling WLG

IP & Copyright Law

Keatley v. Teranet: Land Surveys, the Law of the Land and Access to Justice – The Supremes will Have Their Hands Full but will They Have Everything they Need?
– Howard Knopf, Excess Copyright

The WIPO Broadcasting Treaty – A Solution in Search of a Problem?
– Howard Knopf, Excess Copyright

Update on Access Copyright Proposed Post-Secondary Educational Tariffs: 2011 – 2013 and 2014 – 2017
– Howard Knopf, Excess Copyright

Competition Bureau releases 2019 Intellectual Property Enforcement Guidelines
– Cole Meagher & William S. Foster, Gowling WLG

There and Back Again – Protective Agreements in the Federal Court
– Alexander Camenzind & Ben Pearson, Gowling WLG

Marketing Law

The Influence of Underage Influencers
– Mary G. Griffith, Maclaren Corlett

Practice Management

The moral issue here
– Jordan Furlong, Law21

The next top model: Law firm edition
– Jordan Furlong, Law21

Tax Law

Budget 2019: Positioning for a fall election
– Multiple authors, Gowling WLG

 

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!


Ottawa Blog Roll: February 2019

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

Bankruptcy & Insolvency Law

Government Student Loans and Bankruptcy in Canada
– Rob de Toni, Merovitz Potechin LLP

Condominium Law

Are Condominium Residents Entitled to Privacy on the Common Elements?
– Christy Allen, Davidson Condo Law

Restrictions on Condominium Bank Accounts? Here’s Our Take
– James Davidson, Davidson Condo Law

What Happens If You’ve Delayed In Bringing a Court Claim? Here’s a Case That You Should Know About
– Christy Allen, Davidson Condo Law

Refusing to Allow Modifications to Common Elements Can Amount to Oppression
– Jocelyn Duquette, Condo Adviser

Are Condo Owners Entitled to Access the Owners’ Email List?
– Rod Escayola, Condo Adviser

Court Orders Owner to Enter into a Section 98 Agreement
– Jocelyn Duquette, Condo Adviser

Disclosure Statements: Say it Right and Say it Clearly
– Graeme Macpherson, Condo Adviser

Constitutional Law

Limits to the Attorney General’s Discretion
– Delaney’s Law Firm

Construction Law

Ontario’s New Prompt Payment Regime
– Roxie Graystone, Merovitz Potechin LLP

Criminal Law

February 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Contextualizing Privacy: The Supreme Court’s Decision In R V. Jarvis
– Anne Marie McElroy, McElroy Law

Remediation agreements and other recent developments in white collar crime
– Glen Jennings, Matthew Doak, & Reem Zaia, Gowling WLG

Employment & Labour Law

ONCA Upholds Termination for Just Cause of Fiduciary
– Sean Bawden, Labour Pains

Termination for “Cause” Provision Violates the ESA
– Sean Bawden, Labour Pains

OLRB Rules That When it Comes to Severance it’s Ontario-Based Operations Alone
– Sean Bawden, Labour Pains

Storing pornography on a work-issued laptop not “serious enough” to be cause for dismissal
– Paul Willetts, Vey Willetts LLP

Not Much to “Like”: Lessons from an Anti-Social Work Environment
– Paul Willetts, Vey Willetts LLP

Termination clause update: New developments concerning benefit continuation and just cause language
– Andrew Vey, Vey Willetts LLP

Ontario Announces Occupational Cancer Review
– Frank Van Dyke, Van Dyke Injury Law Blog

Federal government adopts “modern” labour standards
– André Poulin-Denis & Mark Josselyn, Gowling WLG

You Violated Employer Rules: Do You Still Need to Be Accommodated?
– Sean T. McGee, Nelligan O’Brien Payne

Changes to Labour Standards in Quebec – What Do You Need to Know?
– Lanise Hayes, Nelligan O’Brien Payne

Ontario’s Sex Education Curriculum: What Can the Law Do to Challenge a Government Policy Decision?
– Alayna Miller, Mann Lawyers

Matthews v Ocean Nutrition
– Nigel McKechnie, Mann Lawyers

Insurance Law

Travel Insurance: Are you covered?
– Najma Rashid, OTLA Blog

IP & Copyright Law

Canadian Trademark Changes – June 17, 2019
– Cynthia Mason, Momentum Law

Access Copyright v. York U – the Federal Court of Appeal Hearing is March 5 and 6, 2019
– Howard Knopf, Excess Copyright

“Reclaiming Fair Use” by Aufderheide & Jaszi – My Treat During Fair Use/Fair Dealing Week
– Howard Knopf, Excess Copyright

Piracy v. Privacy – The Federal Court Significantly Restores the Balance in Canadian Mass Copyright Litigation by Insisting on “Best Available Evidence”
– Howard Knopf, Excess Copyright

Access Copyright Post Secondary Tariffs – 2011-2013 & to 2014-2017 – Coming Soon to a Campus Near You?
– Howard Knopf, Excess Copyright

Blacklock’s, Spam, CRTC, and ATIP
– Howard Knopf, Excess Copyright

Benefits of industry group intervention in the Federal Court of Canada
– Marc Richard & Cole Meagher, Gowling WLG

Marketing Law

A New and Improved Advertiser Dispute Procedure by Ad Standards
– Mary G. Griffith, Maclaren Corlett

Practice Management

The price of collaboration
– Jordan Furlong, Law21

The reality of collaboration
– Jordan Furlong, Law21

The implications of crowdsourced justice
– Jordan Furlong, Law21

Law firms’ shopping mall problem
– Jordan Furlong, Law21

Security Law

Meng Extradition: What to Watch For
– Craig Forcese, National Security Law

Another Rule of Law Test in the Meng Extradition Matter
– Craig Forcese and Leah West, National Security Law

 

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!


Ottawa Blog Roll: January 2019

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

Civil Litigation

Frivolous, Vexatious or Abusive Claims: The Ontario Court of Appeal Addresses Notice Requirements Under Rule 2.1.01 of the Rules of Civil Procedure – Shauna Cant, Mann Lawyers

Clean Hands in Real Estate Disputes (Nuisance and Trespass) – Patrick R. Simon, Vice & Hunter LLP

Ontario Automobile Insurance Reform – Edward Masters, Mann Lawyers

Specific Performance for Commercial or Investment Properties?: The Court of Appeal Clarifies – Alexander Bissonnette, Mann Lawyers

Condominium Law

Must Condos Include Materials in a Meeting Package if Owners Demand It? – Graeme Macpherson, Condo Adviser

Do Changes to the Condo Act Mean More Work for Lawyers? – Rod Escayola, Condo Adviser

Declaration vs Rules – James Davidson, Davidson Condo Law

More Perspectives on Short-Term Rentals Regulations – Andrea Daly, Davidson Condo Law

Tarion and the Dangers of the Conciliation Deadline – James Davidson, Davidson Condo Law

Correction: Although the Green Energy Act is Repealed, Condominium Obligations to Report Energy and Water Use Remain – David Lu, Davidson Condo Law

The Cost of Failing to Produce Records – Jessica Weick, Davidson Condo Law

Corporate Commercial Law

New Corporate Records Obligations Imposed on CBCA Corporations – Andre Martin, Mann Lawyers

Behind the corporate veil: New ownership record rules in Canada – Karen E. Hennessey & Shaela W. Rae, Gowling WLG

Criminal Law

January 2019 Criminal Law Round-Up – Anne Marie McElroy, McElroy Law

Don’t Expect New Justice Minister to Deliver on Progressive Criminal Justice Reform – Michael Spratt, Abergel Goldstein & Partners LLP

The Presumption of Innocence is for the Court of Law, Not for Protecting the Reputations of the Powerful – Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Off-Key? The Boston Symphony and Gender-Based Equality in Pay – Paul Willetts, Vey Willetts LLP

Ontario Employment Standards Act Update: 2019 – Megan Cornell, Momentum Business Law

Arbitrator Orders Nurse Who Was Caught Stealing Narcotics to be Reinstated – Sean Bawden, Labour Pains

Have you been injured while insured under your employer’s group benefit policy, but only realized the extent of your injury once you were no longer an employee? – Amanda Le, Nelligan O’Brien Payne

Entertainment & Sports Law

Leaked nudes and talent morality clauses – A lesson for the digital age – Jahmiah Ferdinand-Hodkin, René Bissonnette & Scarlett Trazo, Gowling WLG

Family Law

Technology and Family Court…The Saga Continues – Jillian Allen, Fresh Legal

IP & Copyright Law

Blacklock’s Got Much of What it Wished For – For Now: Will This Be About “Be Careful What You Wish For”?” – Howard Knopf, Excess Copyright

My Brief to the INDU Committee re Copyright Revision & S.92 Review – Howard Knopf, Excess Copyright

Update on Blacklock’s Mega Motion of December 12, 2018 – Howard Knopf, Excess Copyright

Trade secret enforcement in Canada: How rights holders can secure justice – Michael Crichton & Will Boyer, Gowling WLG

Practice Management

Starting from scratch – Jordan Furlong, Law21

Regulatory Law

Does my food ad market to kids? Draft guidance on Bill S-228 – Megan Martins, Gowling WLG

Wills & Estates Law

Multiple Wills in Ontario: Re Milne Revisited – Yasmin M. Vinograd, Merovitz Potechin LLP

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!

Ottawa Blog Roll: December 2018

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

Civil Litigation

But It Was Just An Accident!
– Najma Rashid, Ontario Trial Lawyers Association

Ontario Court of Appeal Comments on the Duty of Honest Performance
– Shauna Cant, Mann Lawyers

Recent Ontario Court of Appeal Decision Regarding Victims of Motor Vehicle Accidents
– Edward Masters, Mann Lawyers

Condominium Law

How Long Must Condos Retain Corporate Records?
– Rod Escayola, Condo Adviser

Condo Year in Review: Top Five Decisions of 2018
– Graeme Macpherson, Condo Adviser

How Long Must a Condo Retain Information Certificates?
– Rod Escayola, Condo Adviser

Shared Common Elements in a Condominium – An explanation of POTL and CECC
– Michael Brown, Merovitz Potechin LLP

Green Thumbs: Growing Cannabis in Condos
– Andrea Daly, Davidson Condo Law

CAT – The First Year
– James Davidson, Davidson Condo Law

Decision Respecting Smoking
– James Davidson, Davidson Condo Law

The Proxy is (sometimes) the Ballot
– James Davidson, Davidson Condo Law

Appealing Decisions From the Condominium Authority Tribunal
– David Lu, Davidson Condo Law

Corporate Commercial Law

Competition Bureau and Defence Construction Canada sign agreement to safeguard procurements
– Quin Gilbert-Walters & François Baril, Gowling WLG

Criminal Law

Liberals’ New Impaired-Driving Rules Will Inevitably Target Minorities
– Michael Spratt, Abergel Goldstein & Partners LLP

Impaired Driving Update: Implications Of Bill C-46
– Anne Marie McElroy, McElroy Law

MCLNugget: McGuigan ONCA
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Prystay ABQB
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Plante ONCA
– Dallas Mack, Mack’s Criminal Law

Continue Reading…


Ottawa Blog Roll: November 2018

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

Condominium Law

Can Condos Terminate a Snow Removal Contract Early?
– Jocelyn Duquette, Condo Adviser

Has the Condo Tribunal Delivered all that it Promised to?
– Rodrigue Escayola, Condo Adviser

Loophole Around Mandatory Condo Director Training?
– Rodrigue Escayola, Condo Adviser

Condo Owner not Allowed to Get 20-year old Board Minutes
– Rodrigue Escayola, Condo Adviser

Changes to Lien periods Under the New Construction Act
– David Lu, Davidson Condo Law

Constitutional Law 

Human Rights Tribunal of Ontario Finds Provision Allowing Health Benefits to the Terminated at Age 65 Unconstitutional
– Margaret Truesdale, Perley-Robertson Hill & McDougall LLP

Corporate Commercial Law

An overview of the Competition Bureau’s new Immunity and Leniency Programs
– Quin Gilbert-Walters & Ian Macdonald, Gowling WLG

Criminal Law

November 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Scheer’s Guns and Gangs Strategy A Simple Plan for Simple Minds
– Michael Spratt, Abergel Goldstein & Partners LLP

Time for the Civil Bar to Step Up
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Hold the Applause: Clapping Banned to Reduce Individual Anxiety
– Paul Willetts, Vey Willetts LLP

ONSC Judge Would Have Ordered at Least 36 Months Reasonable Notice – If Requested
– Sean Bawden, Labour Pains

Employee Allowed to Sue for Sexual Harassment Five Years After Signing Full and Final Release
– Sean Bawden, Labour Pains

No Right to Sue Employer for Sexual Assault by Co-Worker: WSIAT
– Sean Bawden, Labour Pains

IBM appeal case reboots the importance of parties’ intentions for termination provisions
– Amy Derickx, Gowling WLG

What’s old is new again: Bill 47 passes into law
– André Poulin-Denis & Jesse Baker, Gowling WLG

IP & Copyright Law

Fake News on Fair Dealing from Michael Enright Himself and the CBC Sunday Edition
– Howard Knopf, Excess Copyright

Follow Up on Bill C-86 – The Omnibus Bill that Amends Canadian IP Law
– Howard Knopf, Excess Copyright

My Speaking Notes for Senate BANC Committee November 21, 2018 re Copyright Board
– Howard Knopf, Excess Copyright

Industrial Designs: What’s New?
– Adam Soliman, Nelligan O’Brien Payne LLP

Practice Management

Diversonomics Season 3, Episode 6 | Making an ally: How to capitalize on your discomfort zone
– Roberto Aburto & Cindy Kou, Gowling WLG

Diversonomics Season 3 | Episode 5 The long game: Putting ongoing D&I goals into action
– Roberto Aburto, Gowling WLG

Regulatory Law

Canada’s Supreme Court Clears the Way for New National Securities Regulator
– Brian Kells & Brianna Mayes, Perley-Robertson Hill & McDougall LLP

Alcohol and Gaming Commission of Ontario rolls out licensing regime for cannabis retailers
– Jon-Paul Powers & William Bjornsson, Gowling WLG

Wills & Estates Law

Ontario Superior Court Case — Probate Fees and Double Wills
– Heather Austin-Skaret, Mann Lawyers

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!


Ottawa Blog Roll: October 2018

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

Civil Litigation

“Justice Must be Seen to be Done”–Are LAT Decisions Truly Independent?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Must Condos Grandfather Cannabis Smoking When Adopting a Rule?
– Rodrigue Escayola, Condo Adviser

Smoking Cannabis in Condos is Not a Protected Human Right
– Rodrigue Escayola, Condo Adviser

Changes to the Smoke-Free Act Affecting Condos
– Rodrigue Escayola, Condo Adviser

Cannabis Rules: What Do Condo Owners Think?
– Graeme Macpherson, Condo Adviser

Coming to a Compromise: Condominiums, Cannabis, and Human Rights
– Nancy Houle & Andrea Daly, Davidson Houle Allen LLP

Criminal Law

Indigenous People And The Criminal Justice System: A Book Review
– Anne Marie McElroy, McElroy Law

October 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

With Bill C-75 Liberals Break Three Promises
– Michael Spratt, Abergel Goldstein & Partners LLP

Pot Pardons: My Choice is What I Choose To Do and If I’m Causing No Harm It Shouldn’t Bother You
– Michael Spratt, Abergel Goldstein & Partners LLP.

Kavanagh Confirmation Sows Decades of Judicial Distrust
– Michael Spratt, Abergel Goldstein & Partners LLP

The Liberals are All Vision, No Reform
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Open Letter Re: Bill 47 and Bereavement Leave
– Sean Bawden, Labour Pains

Court Invalidates Working Notice Period – Qualitative Component Absent
– Sean Bawden, Labour Pains

Court Says New Zealand Lamb Company’s Termination Clause Just Plain Baaa-d
– Sean Bawden, Labour Pains

Sweet Revenge: Business Ordered to Pay Children Minimum Wage for Selling Chocolates
– Andrew Vey, Vey Willetts LLP

Hit Rewind: Ford Government Reverses Bill 148 Changes to Ontario Employment Laws
– Paul Willetts, Vey Willetts LLP

Just cause for dismissal: context is key
– Andrew Vey, Vey Willetts LLP

When is Retraining a Reasonable Approach to Mitigating Loss of Employment?
– Paul Willetts, Vey Willetts LLP

Bill 47 – A Step Backward for Workers in Ontario
– Megan Fultz & Amanda Montague-Reinholdt, Raven Law

Addressing the Gender Wage Gap: The Pay Transparency Act
– Karine Dion & Paul Taylor-Sussex, Nelligan O’Brien Payne

Will They Believe Me? Workplace Investigations and Credibility
– Claire Kane Boychuk, Nelligan O’Brien Payne

Entertainment & Sports Law

Concerned about risk? #METOO : A Discussion on Civil Liability, Sports and the #MeToo Movement
– Jahmiah Ferdinand-Hodkin & Scarlett Trazo, Gowling WLG

An Intro to VR Legal Issues
– Edwards PC, Creative Law

Continue Reading…


Ottawa Blog Roll: September 2018

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

Civil Litigation

Ontario Laws Now Tougher on Careless Drivers Who Endanger or Hurt Pedestrians
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Another Court-Ordered Condo Unit Sale
– James Davidson, Davidson Condo Law

Municipal Elections: Can Condo Owners Post Electoral Signs?
– Graeme Macpherson, Condo Adviser

Is this Condo Rule Legal?
– Rod Escayola, Condo Adviser

Privacy or Transparency in Condos: What Info Should your Neighbour Get About You?
– Rod Escayola, Condo Adviser

Who Should Pay the Costs Incurred by the Corporation in an Application for Compliance?
– Cheryll Wood, Davidson Condo Law

Corporate Commercial Law

Update on Cannabis Retail Regulations
– Mark Asfar, Momentum Business Law

Employment & Labour Law

Today’s Tip for Making a Termination Clause Legally Binding: KISS
– Sean Bawden, Labour Pains

Changing One’s Mind about Retirement
– Sean Bawden, Labour Pains

Vicarious liability for the intentional torts of workers
– Mark Josselyn, Gowling WLG

Rights and Responsibilities of Ontario Restaurant Owners and Employees
– Paul Willetts, Vey Willetts LLP

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation
– Paul Willetts, Vey Willetts LLP

Do employees of an unlicensed cannabis dispensary have any rights?
– Megan Fultz, Raven Law

Does Making a Worker Don Risque Garb Violate Employee Rights?
– Vice & Hunter LLP

Is an Employer Required to Offer Alternative Employment Before Terminating an Employee?
– Michel Nolet, Nelligan O’Brien Payne

Family Law

Adoption and non-spousal relationships: Marta’s groundbreaking case
– Paul Taylor-Sussex, Nelligan O’Brien Payne

Indigenous Law

Kivalliq Hall designated as an Indian Residential School
– Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

ISPs Entitled to Compensation for Costs of Identifying Infringing Subscribers
– Julia Werneburg & Stéphane E. Caron, Gowling WLG

One-year anniversary of the CSP Regulations
– Alexander Camenzind, Gowling WLG

Notice or Norwich: Who foots the bill for identifying online infringers?
– Matthew Estabrooks & Graeme MacPherson, Gowling WLG

Rogers Wins in Supreme Court of Canada
– Howard Knopf, Excess Copyright

More On Mass Copyright Litigation in Canada – Part II
– Howard Knopf, Excess Copyright

American NAFTA Inconsistency Re Copyright Term Extension – And Why This Issue Matters Bigly & Involves Billions
– Howard Knopf, Excess Copyright

Practice Management

Diversonomics | Season 3 Episode 1 | The paradox of manning up: A deep dive into unconscious bias
– Roberto Aburto & Sarah Willis, Gowling WLG

How compensation plans are wrecking law firms
– Jordan Furlong, Law21

Real Estate Law

5 things commercial landlords should know about the new Construction Act
– Laurie J. Sanderson, Gowling WLG

Trade Law

Canada’s Trade Relationship With The USA Today: The Upside Down
– Richard G. Dearden, Gowling WLG

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!


Ottawa Blog Roll: August 2018

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

Civil Litigation

Ontario’s Alarming Spike in Transport Truck Collisions
– Frank Van Dyke, Van Dyke Injury Law Blog

Doing the Right Thing the Wrong Way
– Anthony McGlynn, Perley-Robertson, Hill & McDougall LLP

Condominium Law

Should Condo Owners be Allowed to Inspect Proxy Forms?
– Rodrigue Escayola, Condo Adviser

New Regulations Applicable to Condo Pools
– Jocelyn Duquette, Condo Adviser

2,000 Condominiums Have Yet To File Their Returns With The CAO!
– Melinda Andrews, Davidson Condo Law

Claim by Landlord Against Tenant For Unauthorized Airbnb
– James Davidson, Davidson Condo Law

Corporate Commercial Law

Cannabis Retail is Coming to Ontario
– Mark Asfar, Momentum Business Law

Criminal Law

August 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

HRTO creates new rule for employers regarding citizenship-based recruitment criteria
– Andrew Vey, Vey Willetts LLP

Assessment of Damages in Sexual Assault Cases
– Sean Bawden, Labour Pains

Managing Marijuana at Work
– Alayna Miller, Mann Lawyers

Do You Have to Put Up With “Locker-Room” Talk in the Workplace?
– Karine Dion, Nelligan O’Brien Payne

Denying Employees’ Benefits Based on Age is Discrimination and Unconstitutional
– Karine Dion, Nelligan O’Brien Payne

Family Law

Polyamorous relationships and the best interests of the child
– David Ang & Paul Taylor-Sussex, Nelligan O’Brien Payne

Health Law

Health Canada invites public comments on new post-market reporting regulations
– Ben Pearson & Karl Racine, Gowling WLG

Indigenous Law

Discrimination in Canada’s Prisons: Risk Assessment Tools and Indigenous Prisoners
– Natasha Chettiar & Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

Standard of Review: The Beginning of the End or the End of the Beginning?
– Howard Knopf, Excess Copyright

Will the Canadian Voltage Reverse Class Action Now Fizzle?
– Howard Knopf, Excess Copyright

More On Mass Copyright Litigation in Canada – Part I
– Howard Knopf, Excess Copyright

Practice Management

Partner succession and law firm ownership
– Jordan Furlong, Law21

Security Law

Canada’s Foreign Intelligence Desert
– Craig Forcese, National Security Law

Trade Law

Possible Canadian Safeguard Action Against Steel Imports: Steel Importers, Distributors Consumers and End-Users Should Take Action
– Gordon LaFortune, Canadian Trade Law Blog

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!


Ottawa Blog Roll: July 2018

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

Condominium Law

New Tribunal Rules on Owners Accessing Condominium Records
– Rod Escayola, Condo Adviser

Should Condo Owners be Able to Get Information About Other Owners?
– Rod Escayola, Condo Adviser

Corporations Must Act Fast When Condo Owners Requisition a Meeting of Owners
– Rod Escayola, Condo Adviser

New Tax on Airbnb Rentals in Ottawa
– Christy Allen, Davidson Houle Allen LLP

Vexatious Litigant Not Precluded From Accessing Condominium Authority Tribunal
– Jessica Weick, Davidson Houle Allen LLP

Dispute Over Flower Box Leads to Expensive Litigation
– Jessica Weick, Davidson Houle Allen LLP

The Effect Of The New Construction Act On Condominiums In Ontario
– David Lu, Davidson Houle Allen LLP

Collecting Chargebacks Will Soon Become More Of A Challenge
– James Davidson, Davidson Houle Allen LLP

Construction Law

Construction Lien Act Amendments, Part 3 – Lien, Holdback, and Trust Rules
– Bryce Dillon & Keith Maclaren, Perley-Robertson, Hill & McDougall LLP/s.r.l.

What you need to know about the new changes to the Construction Lien Act
– David Contant, Nelligan O’Brien Payne

Corporate Commercial Law

Good Faith in Contractual Negotiations and Performance – Civil vs Common Law
– Robert Bissonnette, Mann Lawyers

Criminal Law

Full Disclosure: Setting The (Fictional) Record Straight
– Anne Marie McElroy, McElroy Law

July 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

AG Mulroney’s Big Debut is a Throwback Fail
– Michael Spratt, Abergel Goldstein & Partners LLP

On Gun Violence, Jim Watson and John Tory Shoot from the Lip
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Receipt of LTD Evidence of Frustration
– Sean Bawden, Labour Pains

The Right to Purreavement Leave in Ontario
– Sean Bawden, Labour Pains

Family Caregiver Leave in Ontario
– Sean Bawden, Labour Pains

Putting on the Brakes: Ontario courts are limiting the scope of post-dismissal mitigatory earnings
– Andrew Vey, Vey Willetts LLP

Ontario Court Creates New Protection for Complainants of Workplace Sexual Harassment
– Andrew Vey, Vey Willetts LLP

Family Law

Can an embryo be treated as “property”?
– Erin Lepine & Paul Taylor-Sussex, Nelligan O’Brien Payne

When will a court order “double dipping”?
– Daniel Duyvelshoff, Fresh Legal

Food & Beverage Law

Bait and switch? Incorporation by reference of front of pack labelling symbols
– Lewis Retik, Gowling WLG

Eat your cannabis and have it too: Edibles will present unique regulatory challenges
– Laura E. Gomez & Megan Martins, Gowling WLG

IP & Copyright Law

Tough break? KitKat and the fight over those four fingers
– Wing Yan & Paul Taylor-Sussex, Nelligan O’Brien Payne

Some Notes About Recent Developments at the Copyright Board of Canada
– Howard Knopf, Excess Copyright

Nice Classification in the Age of Globalization
– Kimberley Baillie, Gowling WLG

Land surveys: who owns the copyright?
– Paul Taylor-Sussex, Bryan Thaw, & Wing Yan, Nelligan O’Brien Payne

Food Delivery Apps – Good for Business?
– Paul Taylor-Sussex, Nelligan O’Brien Payne

Practice Management

The cause of, and solution to
– Jordan Furlong, Law21

Hope vs. experience in California
– Jordan Furlong, Law21

Who really owns your law firm?
– Jordan Furlong, Law21

Security Law

“9/11esque” Tweets and the Saudi Spat
– Craig Forcese, National Security Law

Oh, What Tangled Webs the CSIS Act Weaves: The Federal Court’s Latest Decision on CSIS’s Foreign Intelligence Mandate
– Craig Forcese, National Security Law

Threading the Needle: Structural Reform & Canada’s Intelligence-to-Evidence Dilemma
– Craig Forcese, National Security Law

Supreme Court

2018: The SCC mid-year review – How’s it going so far?
– D. Lynne Watt, Gowling WLG

Trade Law

Negotiation, Not Litigation is the Way to NAFTA Modernization
– Gordon LaFortune, Canadian Trade Law Blog

We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!