Recently Published Ottawa Decisions

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

Family Matters

Fincham v Fincham (2017 ONSC 4279)
father — child — income — support — gifts
Justice J. Audet

Van Haren v Stewart (2017 ONSC 4238)
income — farm — support — imputed — interim
Justice C. MacLeod

Deslauriers v Pommainville (2017 ONSC 4212)
amount — costs — child support — email — expenses
Justice A. Doyle

Rivest-Marier v Emond (2017 ONSC 4197)
father — access — child support — school — custody of the child
Justice M. Shelston

Hicks v Sbardella (2017 ONSC 4204)
expenses — reargue — volleyball — supplementary — emails
Justice M. Shelston

Obam Dallaire v Dallaire (2017 ONSC 3998)
spousal support — ceiling — income — amount — bonus
Justice R. Beaudoin

Bielser v Bielser (2017 ONSC 4111)
children — preferences — views — reside — primary
Justice T. Engelking

Perrier c. Caron (2017 ONCS 4093)
outrage — visites — motion — compétence — père
Juge A. Doyle

Assaf v Al Shehimi (2017 ONSC 4278)
child — father — parenting — daughter — access
Justice J. Audet

Civil Matters

Howard and Associates Inc. v Tomasek Agencies Inc. (2017 ONSC 4291)
dependent contractor — socks — affidavit of documents — declaration — motion
Justice M. James

Carr v Ottawa Police Services Board (2017 ONSC 4331)
officers — cell — arrest — evidence — damages
Justice S. Corthorn

Blackwood v Doe (2017 ONSC 4276)
minor — litigation guardian — settlement — prejudgment interest — injured
Justice H. Williams

Continue Reading…


#ThrowbackThursday: Charles Stanley Monck, 4th Viscount Monck

You’re thinking “Who?” At least to me, Lord Monck, Viscount Monck, or any other variation isn’t exactly a household name. With confirmation yesterday, however, that Julie Payette will be the next Governor General of Canada, I started looking at the history of that position, and who the first person to hold it was.

Charles Monck, 4th Viscount Monck, 1st Governor General of Canada, Winner of “Best Beard 1867” (One of those isn’t true.)

Charles Monck, later 4th Viscount Monck, later still Baron Monck, was born in Ireland, has the distinction of being both the last Governor General of the Province of Canada, and the first Governor General of Canada after Confederation. He was also a lawyer, having done law school at Trinity College in Dublin and called the bar at King’s Inn in 1841. According to the Canadian Encyclopedia, “Monck displayed considerable diplomatic skill in dealing with the serious Canadian-American tensions of the day. A keen advocate of the defence and political consolidation of BNA, Monck was one of the architects of the Great Coalition, devised to carry Confederation, and he worked assiduously to overcome opposition to Confederation in Nova Scotia and New Brunswick.” Fun fact: Rideau Hall was purchased and established as official viceregal residence during his tenure. You can see here a picture of Lord Monck with his family and staff outside of the building in 1866:


When Lord Monck’s term was over, he returned to Ireland. He was succeeded by the second Governor General of Canada, with a name many of us are likely much more familiar with, at least in passing: John Young, 1st Baron Lisgar.

 


Asked and Answered: Canadian Railway Cases

This question has come up a few times now at the library, usually stated something like this:

I’m looking for a case that I can’t find. The citation is 1 CRC 461. Help!!

The citation “CRC” refers to a dusty, but clearly still useful, law report series titled Canadian Railway Cases. While this was published originally by Canada Law Book, it still hasn’t made its way in its entirety onto WestlawNext Canada. It seems that if the case was also reported in another law report series, it will be available on the electronic services (most likely), but if the case only appeared in the CRCs, it will probably be just available in the print version for now.

The series ran from 1902 to 1939, and we are fortunate to still have this set in our collection. So, if during your research you find you need a case with that citation and you can’t find it on any of the online services, we’re only a quick email away, and we’d be happy to send it over for you!

 

 


Changes Ahead!

A couple of weeks ago, we were given the go-ahead to start prepping the library for the long-awaited renovation. I’m sure you can imagine our delight and excitement! In the coming months, we will be pruning the book collection and removing bookshelves from our space. “Weeding” a collection, as it’s known in the library world, is a process that takes a fair amount of time to complete properly, even more so when you’re doing a large scale weed like we’ll be doing for the renos. The renos are still a ways off, but the books need to be attended to first!

The first set of books to leave the library are select volumes of legislation from other provinces. The next stop for those books, we’re happy to say, will be HeinOnline, where they will be helping to increase the amount of Canadian legislation available in that database. (Did we mention LSUC licensees get free HeinOnline access? Contact us for details!).

We are currently working on our renovations plan, including which services and materials will be available during construction. We will make everyone aware of those plans when they are finalized. For now, however, we’re business as usual, just with slightly fewer books and shelves, and slightly more dust!


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…


Recently Published Ottawa Decisions

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

Family Matters

CAS Ottawa v S.H. & M.B. (2017 ONSC 3906)
child — evidence — kin — access — motion
Justice C. MacLeod

Perry v Perry (2017 ONSC 3836)
reconstituted — estate — releasing — unavailable — concerning
Justice T. Ray

Giron v Giron (2017 ONSC 3712)
ceremony — access visits — child — marriage — counselling
Justice S. Corthorn

Syed v Syed (2017 ONSC 3739)
bad faith — costs — disclosure — successful — income
Justice A. Doyle

Civil Matters

Farah v EODC Inc. (2017 ONSC 3948)
termination — employment — notice — contract — common-law presumption
Justice S. Kershman

Nemchin v Green (2017 ONSC 3907)
rate — cent — post-judgment interest — pre-judgment interest — non-pecuniary
Justice S. Corthorn

Continue Reading…


#ThrowbackThursday: Ottawa Electric Street Railway

As many of us eagerly await the new light rail service, we’re throwing it back 126 years today, to June 29, 1891, when the Ottawa Electric Railway Company first opened electric street railway service in Ottawa. The new trams replaced the horse-drawn streetcars that had been used previously. The city operated these new electric trams in a wide network, as can be seen in the map below.

So what happened to them? In the 1940s the company was purchased by the city and became the Ottawa Transportation Commission. By the late 1950s, it had fallen into financial trouble and was plagued with a fleet of aging streetcars. A consultant survey recommended replacing the fleet with diesel buses, and the OTC began removing the streetcar system. The last electric car ran on May 1, 1959, 68 years after they had first been introduced.

 

Credit: Library and Archives Canada/PA-176776

 

Ottawa Street Car System before it was removed, 1948. Source: http://www.nccwatch.org/blunders/sparks.htm

 

Sparks Street, circa 1909. Source: http://www.nccwatch.org/blunders/sparks.htm

 


Resource Spotlight: Law and Law Breaking in Game of Thrones

The new season of Game of Thrones is less than a month away! A couple years ago, Jen (reluctantly) ordered me one of my favourite items in our collection: a short special edition from Lexis on Law and Law Breaking in Game of Thrones. The book contains a series of essays analyzing some of the legal issues brought up in the TV show.

From dispute resolution (trial by combat) to patents (wildfire) to laws of succession, this book is definitely a fun break from your regular reading.

Here are the titles of the essays included:

  • Engagement, authenticity, and resistance : using Game of thrones in teaching law / Mary Heath and Sal Humphreys
  • ‘You will never walk again … but you will fly’ : human augmentation in the known world / Catherine Easton
  • ‘Nothing burns like the cold’ : except for wildfire : how patents could win the game of thrones / Catherine Bond and Stephanie Crosbie
  • And the gods will judge : trial by combat in Game of thrones / John G. Browning and Amanda C. Brown
  • Arbitration by combat / Michael Smith and Raj Shah
  • Exploring imaginative legal history : the legalism of the House Stark in the Game of thrones / Jaakko Husa
  • ‘When you play the game of thrones, you win or you die’ : concepts of justice in George R.R. Martin’s A song of ice and fire / Alyce McGovern, Jenny Wise and Nathan Wise

As a former medieval studies major, I especially enjoyed reading about the history of trials by combat and how they evolved, versus how they are portrayed in the show.

If you need to tide yourself over until the new season, you can find this book on our New Books shelf in the library!


Advanced Search Forms Now Available on Lexis Advance Quicklaw

This is an update to the Lexis Advance Quicklaw database that we are super excited for. If you’re a Quicklaw user, check this out:

Advanced search forms are now available on Lexis Advance Quicklaw. If you like being able to search for cases, legislation, or other materials using highly detailed search forms that allow you to search for documents with specific pieces of information, this is for you.

From the home screen…

 

You will find the quick link to the advanced search forms above and to the right of the search bar. Click on this to get to this screen:

Continue Reading…


Upcoming Workshop: Steps to Justice 1

On July 11 at 1:00 PM, we’re excited to be hosting an hour-long workshop in the CCLA library that looks at the new website “Steps to Justice.” This website has been put together by Community Legal Education Ontario (CLEO), and provides answers to legal questions in a very accessible and plain-language way. The site covers a wide variety of legal topics, and presents information in the form of answers to commonly asked questions.  As an example, here’s a peak at the page for the question “What are my rights if the police approach me and ask questions?”

We’re excited to learn more about this program, and would invite any of our lawyers who are interested to attend as well. The session is free, but please RSVP with us if you plan to attend.