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…


Recently Published Ottawa Decisions

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

Family Matters

Cameron v. Cameron (2018 ONSC 7770)
children — parenting time — weekends — hours — school
Justice T. Engelking

Hawes v. Hawes (2018 ONSC 7769)
motion — costs — offer — parenting time — children
Justice T. Engelking

Davis v. Davis (2018 ONSC 7767)
costs — arrears of child support — fees — disbursements — spent
Justice T. Engelking

Sultana v. Mohammed (2018 ONSC 7515)
children — income — intentionally under-employed — resume — indicated
Justice T. Engelking

Granter v. Tricco (2018 ONSC 6906)
income — child support payable — expenses — arrears of child support — set-off calculation
Justice S. Corthorn

Continue Reading…

The 2018 Clawbie Awards: Our Nominations!

It’s Clawbies time!! For the past couple of years we’ve highlighted some of our favourite Ottawa Law Blogs, so this year we’re going to change gears a bit and nominate our favourite Access to Justice blogs:

National Self-Represented Litigants Project (NSRLP)
This has to be one of my favourite reads. The NSRLP’s posts always offer thoughtful, open, intelligent, and on-point discussion on access to justice and self-representation issues in Canada and abroad. 

ReconciliAction (University of Alberta Faculty of Law)
Frequently mentioned and frequently Clawbie-nominated, and for very good reason! It almost goes without saying, but this is one of the most hard-working group of people doing extremely important work. 

Legal Aid Ontario
The LAO blog features interesting topics and interviews, and is always a good site to have on your radar. I also generally love infographics, so the plethora of those tends to lend this blog to my tastes quite nicely. 


New Titles – December 2018

See the list below of all the new titles now available at the CCLA library!


Recently Published Ottawa Decisions

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

Family Matters

Blair v. Hamilton (2018 ONSC 7318)
children — parenting schedule — arbitration — counselling — custody
Justice P. MacEachern

Salmanmanesh v. Forozandeh (2018 ONSC 7267)
travel with the child — motion — urgent — father — advisory
Justice P. MacEachern

Vernon v. NEO Family and Children’s Services (2018 ONSC 7231
standard of care — expert evidence — genuine issue requiring — professional — fact-finding powers
Justice S. Gomery

Reeves v. Cooper (2018 ONSC 7137)
biological — custody of the child — maternal great grandmother — paternal grandmother — great aunt
Justice M. Shelston

Trépanier v. Hunter (2018 ONSC 7086)
contempt — access — visits — child — weekend
Justice S. Gomery

Civil Matters

Continue Reading…


Courthouse Libraries Web App Launch

Do you often travel to different jurisdictions for court? Did you know there’s a Courthouse Library in the 47 courthouses across Ontario, and they provide services for visiting counsel? 

The Ontario Courthouse Libraries Association (OCLA) is excited to roll-out our new mobile-device-friendly app. The new website is designed to be a lawyer-centric portal to the County and District Law Libraries in the province. We’ve packaged the individual law library profiles into one convenient site, offering an easy-to-digest overview of the information, and services being offered. Some of the features include:

  • Highly visible quick link icons to contact information, location-based mapping, weather, and Association websites.
  • Find information about hours, access, electronic resources, parking, robing rooms, lounge facilities, value added extras, and more.
  • Quick library catalogue access to diverse resources, directly from the homepage.
  • A persistent header with a drop-down menu for easy navigation by Association or city.

Enhance your travel experience to another jurisdiction by visiting http://oclanet.com/webapp/!

You can also find instructions on how to add a link to this web app to your mobile homepage here!


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!


#ThrowbackThursday: Library Entrance Before and After 1

Last week, I was asked to participate in a panel for the National Capital Association of Law Libraries on the topic of library renovations. As some of you may know, the Library of Parliament has undergone significant renovations in the last few years, and will actually be moving out of Centre Block for the duration of their upcoming renovation work. Our renovation was nothing like the scale of their project, but we did have some similar experiences in renovating a library all the same.

As I was preparing for the panel, I put together some before and after shots of the library, and it was staggering to look at the pictures so closely side by side. Our renovation project is slowly creeping toward the finish line (we have some heating issues to resolve, and I’m sure we can agree that an Ottawa winter without proper heating wouldn’t be ideal!), and we still need to hang art work, but take a look at these four pictures from when you enter the library.

   

 

   

I’m struck by how narrow everything feels in the before photos. Many people remark on how huge the space feels when you walk in now, and it’s easy from these to see why!


Recently Published Ottawa Decisions

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

Family Matters

Boily v. Eaton (2018 ONSC 7078)
spousal support — annual income — payable — child support — evinced
Justice T. Engelking

Boily v. Eaton (2018 ONSC 7042)
income — expenses — on-going spousal support — daycare — child support
Justice T. Engelking

Clarke v. Clarke (2018 ONSC 7023)
child support — reasonable opportunity to be heard — address — set aside the registration — notice
Justice D. Summers

Majeed v. Chaudry (2018 ONSC 6977)
spousal support — pay to the applicant spousal — costs — bad faith — offer
Justice M. Shelston

Edwards v. Edwards (2018 ONSC 6869)
child support — psychologist — entitlement to spousal support — change — income
Justice J. Mackinnon

Davidson v. Davidson (2018 ONSC 6878)
bad faith — child support — costs — unreasonably — successful in obtaining
Justice J. Blishen

Continue Reading…


#ThrowbackThursday: Civil Litigation Updated 1998 1

As the steady stream of Ottawa litigators heading to Mt. Tremblant begins this afternoon, we’re looking back at the conference program from 20 years ago. As it happens, the conference that year was also held in Tremblant.

The resolution of the only copy of the agenda that we have for the 1998 conference is unfortunately pretty hard to read, but we’ve done our best. Unless someone knows how to convert a 98 File to .docx, this will have to do! I love that there was a session on Y2K. Remember Y2K?