Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Joachim v. Denis (2018 ONSC 1593)
youngest — access — disclosure — motion — children
Justice D. Summers

Sarmiento v. Ortiz (2018 ONSC 1669)
costs — cross-motion seeking to strike — offer — motion — recovery
Justice T. Engelking

Curry v. Curry (2018 ONSC 1667)
number of hours — expended — hour — behaved — bill of costs
Justice T. Engelking

Whitteker v. Legue (2018 ONSC 1557)
paternal grandparents — child — access — home — care
Justice D. Summers

Davis v. Davis (2018 ONSC 1537)
retroactive — arrears — income — child support — blameworthy
Justice T. Engelking

CAS v. C.L. (2018 ONSC 1565)
child — video — threshold reliability — statements — evidence
Justice J. Mackinnon

Bridge v. Laurence (2018 ONSC 1558)
motion — costs — surreality — overcomplicate — spousal
Justice C. MacLeod

Akkawi v. Habli (2018 ONSC 1446)
spousal support — income — equalization payment — offers — child support
Justice M. Shelston

De Riso v. Randazzo (2018 ONSC 1781)
children — income — school — custody — alternating
Justice T. Engelking

Civil Matters

Cohen v. Cohen (2018 ONSC 1613)
estate — consolidating — procedural motions — contracts — dependant’s relief application
Justice R. Maranger

Continue Reading…

#ThrowbackThursday: Demolition Before and After

Things are really starting to take shape in Phase 1 of our renovations project. It’s remarkable how quickly walls go down, come back up, and completely change the look of the space. I have a couple of photos here from before, and the current state of affairs. I’ll also answer a couple FAQs down below!


Visitors to the library will, of course, recognize where the bathrooms were, the old hallway into legislation (or more accurately for many people, the way over to the lounge), and the inside of the copy room. These walls are mostly all gone now, except for that rounded bit of wall in picture two (take note of that – it’s a load-bearing pillar).Continue Reading…

Re-Ordered Procedure Titles

A quick note to mention that these two incredibly popular titles have recently been re-ordered and received in the library. If you would like to consult either of these books, please speak with a CCLA Library staff member. We’ve had to purchase these titles several times as other copies have gone missing, so we’d like to remind everyone that all books – even these – are for use in the courthouse only.

Image of "Ontario Courtroom Procedure" and "The Law of Civil Procedure in Ontario"

If you’d like to purchase copies of these for your own library, LexisNexis will gladly exchange your money for books. You can pick up the most current edition of these books at the following links:

Finding Bella Kealy

A few months ago, when reading the infamous “Blue Book” of CCLA History, I stumbled upon the bit about the first CCLA librarian. Her name was Bella Kealy (alternatively spelled Kealey, but Kealy seems to be the correct spelling), and it said:

The first County librarian was engaged in 1889. She was Miss Bella Kealy. The early minutes not only record and confirm her spinsterhood but also, by painfully slow degrees, the increases in her salary which started at $0.75 a day for each day’s attendance. The terms of her contract required that she attend in due time five days a week, starting ultimately at 9:00 in the morning and staying until 4:00 p.m. ‘”except during the sittings of the Court when she must remain until the Court rises.”

Immediately, I was intrigued. The old spinster cat lady librarian trope is well-worn, but for me, well-loved. “Confirmed spinster” Bella Kealy, what was her story?

Through the excellent (who are absolutely not paying me for this blog post – I just think it’s a splendid website), I was able to dig into this. I had spent some time looking at census records before, but somehow missed our Bella. Finding more about her in old news articles certainly helped.

From what I can piece together, Isabelle Kealy was born in Ottawa on June 15, 1875. Her father was Thomas Kealy, and her mother Mary (nee Kilt). They were a fairly traditional working class Irish Catholic family, from what the census records show: several children (most of whom lived to adulthood), and her father was listed as a carter (which, from the brilliant occupation naming conventions of old, meant he moved things around in a cart).

“Hold up, Jen,” you’re thinking. 1875? But she was hired in 1889? This has stymied me too, but unless the census is wrong, and the writing on her entry is quite legible, it looks like 1875 was indeed her birth year, making her 14 or so at that time. The 1881 census lists her birth date as considerably earlier, but from the 1901 census onward, she is listed as being born in 1875. If she was indeed older, and fudged the number for the census, the reason for that is lost to me (to history?) for now.

I’ve since gone back to the minute books to try and tease this out more, and from what I can gather, she actually started working, in some capacity, for the Association in 1888. I like to think she was a bookish and bright girl at the Rideau Street Convent, and someone-who-knew-someone-who-knew the Mother Superior asked them for someone to help straighten books and tidy up in the library.

As the minutes do confirm, she was offered her permanent position as librarian in 1891, though she had been working for the Association continually before then.

The news reports on her are scant for the next several decades. She was heavily involved in the Catholic community, serving on several boards and serivce groups.

I wish this story had a nicer ending than what I found online, but regretfully it doesn’t. On December 17, 1944, Kealy had a heart attack on her way to church. She was with one of her sisters, and brought immediately to a doctor, but unfortunately that wouldn’t be enough. Her funeral was held two days later, and from the news article, was well attended by judges and lawyers from the community. The paper describes her as the “librarian for Carleton County Law Association for many years,” which, if she was still employed at that time, and my math is right, means she worked for the association for 56 years. I would hope that would have earned her a 50 Years umbrella. The blue book confirms that “she served as County librarian for over 30 years” – her retirement date (were she so lucky to have had one) is currently unknown to me. A curiosity of our Association is we don’t always have the most complete set of records from the 20th century, so as time permits, and the record allows, I’d love to continue to dig more into our history (and perhaps close the loop on Kealy’s tenure here).

It is mind-boggling to me that we’ll be moving back into the newly renovated space some of the very books she acquired and processed over 100 years ago, but such is the unique beauty of a law library collection.  We plan to have a nice tribute to Isabelle Kealy in the library once we’re done renovations – but for more on that, you’ll have to wait and see!

Ottawa Blog Roll: February 2018

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

Condominium Law

Amendments to Ontario’s Condominium Legislation
– Darrell R. J. Daley, Gowling WLG

Explaining the Preliminary Notice to Condo Owners
– Rodrigue Escayola, Condo Adviser

Explaining the New Proxy to Condo Owners
– Rodrigue Escayola, Condo Adviser

News on How to File your Condo Returns with the CAO
– Rodrigue Escayola, Condo Adviser

A “New”, New Home Warranty Program on the Horizon
– Christy Allen & David Lu, Davidson Houle Allen LLP

Corporate Commercial Law

The European Union’s General Data Protection Regulation (GDPR)
– Mark Asfar, Momentum Business Law

Criminal Law

More Tasers, More Problems?
– Michael Spratt, Abergel Goldstein & Partners LLP

Policing Black Lives: A Guide For Lawyers
– Anne Marie McElroy, McElroy Law

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

Kelly Egan and Anonymous Police Officer Wrote a Hot Mess of an OpEd
– Michael Spratt, Abergel Goldstein & Partners LLP

Tweet Less, Legislate More
– Michael Spratt, Abergel Goldstein & Partners LLP

Ottawa Police: Defying Logic and Misrepresenting Justice
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Commitment to “comply with statute” not enough to displace common law rights on termination
– Paul Willetts, Vey Willetts LLP

Dating and Harassment in a 21st Century Workplace
– Colleen Hoey, Mann Lawyers

Twenty-Six Months’ Notice Awarded to Employees Who Rejected Offer of Continued Employment
– Sean Bawden, Labour Pains

Lack of Clear Warning Voids Termination Provision
– Sean Bawden, Labour Pains

Family Day in Ontario – Why Some Employees Don’t Have the Day Off
– Sean Bawden, Labour Pains

Workplace Harassment “Arises From” but does not “Relate To” Employment
– Sean Bawden, Labour Pains

Employers May Not Make Changes to Terms of Employment During Working Notice Period
– Sean Bawden, Labour Pains

Continue Reading…

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Seman v. Handl (2018 ONSC 1218)
father — costs — child in the school — legally aided — bad faith
Justice D. Summers

Menard v. Jodoin Feres (2018 ONSC 1320)
arrears — child support — tax — amounts — income
Justice T. Engelking

D.S.M. v. R.M.M. (2018 ONSC 1197)
spousal support — offer — child — settle — successful
Justice M. Shelston

CAS v. C.L. (2018 ONSC 1185)
child — request to withdraw — father — access — affidavit
Justice J. Mackinnon

CAS v. C.L. (2018 ONSC 1241)
child — necessity — interview — evidence — father
Justice J. Mackinnon

Continue Reading…

Newly Received Materials from LSUC CPD

Below are some of the most recent CPD materials added to the library collection. Each title links to the book record where you can view more details and the full table of contents. All materials are available in print at the library, or if you’re interested in only a couple of articles, feel free to email us a request for a scanned copy.

25th Annual Immigration Law summit (November 6, 2017)

  • What’s new in immigration and citizenship law / Barbara Jo Caruso, Bill MacGregor
  • Till misrepresentation do us part : spousal sponsorships / Mario Bellissimo
  • Reflections of a refugee lawyer / Lorne Waldman
  • 2017 practice and procedure cases you might not know about / Ann Margaret Oberst

Six-Minute Real Estate Lawyer 2017 (November 21, 2017)

  • The non-resident speculation tax tips after seven months / Ian Speers
  • What is a conditional building permit? / John Mascarin
  • Warranty protection for residential condominium conversions : what you need to know / Odysseas Papadimitriou
  • Registering leases, notices of lease and short form leases / Caleigh Caplan
  • From super suite to ground floor unit : the new condo conversion / Merredith A. MacLennan

6th Annual Human Rights Summit (December 2, 2017)

  • Human rights in the workplace : a legislative update / Bonny Mak, Alyssa LeBlanc
  • Exploring the limits of the employer’s right to medical information : a review of Ontario arbitral jurisprudence / Simran Prihar
  • Major case law update : focus on human rights and services and housing / Danielle Leon Foun Lin
  • Understanding genetic discrimination : the Genetic Non-Discrimination Act and Ontario Bill 30 / Peter Engelmann
  • Beyond binary : an update on gender identity and gender expression / Ryan Edmonds, Nabila Khan

Civil Appeals : The Year in Review (December 12, 2017)

  • A review of key 2017 employment cases / Todd A. Archibald, Connie Reeve, Mitchell Fournie, Geetha Philipupillai
  • Extraterritorial jurisdiction of the courts : applying old principles in new ways and modifying old principles in new ways / Geoff R. Hall
  • Wilson v Alharayeri : expanding corporate directors’ personal liability / Dena Varah, Ren Bucholz
  • Limitation periods update / Sarah Weingarten

Real Estate Practice Basics 2017 (December 13, 2017)

  • Title searching : a checklist / Joel Kadish
  • Introduction to title insurance / Lori M. Swartz
  • Fraud in real estate & more / Raymond Leclair
  • Residential mortgage financing / originally prepared by Karen Yolevski ; updated by Mark Gelfand

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through

Family Matters

Jones v. Jones (2018 ONSC 1069)
costs — favourable — partial indemnity — offer to settle — equalization
Justice P. Roger

Fortier v. Lauzon (2018 ONSC 946)
self-represented litigant — matrimonial home — rollover — costs — equalization
Justice M. Shelston

CAS (Ottawa) v. C.R. (2018 ONSC 911)
assessment — children — parenting — motion — ordered
Justice D. Summers

CAS (Ottawa) v. M.M. (2018 ONSC 786)
father — statements — child protection worker — hearsay — counsellor
Justice D. Summers

Civil Matters

Bouchard c. CECCE & Dupuis (2018 ONSC 1129)
dépens — offres — taux d indemnisation — transaction — écoles catholiques
Juge S. Gomery

Mississippi Valley Conservation Authority v. Mion (2018 ONSC 1114)
contempt — wetland — penalty — replant — fine
Justice R. Ryan Bell

Cahill v. Cahill (2018 ONSC 1059)
costs of the interpleader motion — solicitor-client account — partial indemnity — endorsement — disbursements
Justice S. Corthorn

Abou-Gabal v Merovitz (2018 ONSC 991)
bills — reissued — fees — special circumstances — accounts
Justice S. Gomery

Tesla Estate v. Tesla-Johnson (2018 ONSC 973)
estate — financial statements — notice of objection to accounts — general ledgers — passing
Justice R. Ryan Bell

Cornelis Grey Construction Inc. v. Folz (2018 ONSC 647)
homeowners — contractor — work — roof — contract
Justice C. MacLeod

Cimtel Inc. v. TSV Holdings Ltd. (2018 ONSC 894)
examination for discovery — corporate representative — personal knowledge — officer — reseller
Justice R. Ryan Bell

Bergeron v. Movati Athletic (Group) Inc. (2018 ONSC 885)
bonus — termination clause — employment — notice period — reasonable notice
Justice M. O’Bonsawin

Mesfin-Tesfaye v. Riverpark Place Retirement Residence (2018 ONSC 882)
duty of care — three-month probationary period — terminated — argues — license
Justice S. Kershman

Noreast Electronics Co. Ltd. v. Danis (2018 ONSC 879)
suppliers — invoices — injunction — evidence — accounts
Justice S. Gomery

Criminal Matters

R. v. Wilson (2018 ONSC 964)
dangerous offender — assessor — talk-talk-overs — proposed — gmail
Justice C. Hackland

Divisional Court Decisions from Ottawa Judges

Fernandes v. Darrigo (2018 ONSC 1039)
matrimonial home — motion — fresh evidence — child — best interests
Justices B. Abrams, W. Matheson, and R. Ryan Bell

Court of Appeal Decisions of Local Interest

R. v. Constant-Booth (2018 ONCA 154)
sentence imposed — unfit — serious — conviction — cowardly
Justices J. MacPherson, G. Huscroft, and G. Trotter

R. v. D.D. (2018 ONCA 134)
post-traumatic stress disorder — victim — offences — mental — mitigating
Justices K. Feldman, D. Brown, and J. M. Fairburn

Lee v. McGhee (2018 ONCA 128)
drafted — amend — bring it within the jurisdiction — solely — redress
Justices K. Feldman, D. Paciocco, and J. M. Fairburn

Carleton Condominium Corporation 116 v. Sennek (2018 ONCA 118)
condominium corporation — vexatious litigant application — self-represented — proceedings — frivolous
Justices H. LaForme, P. Rouleau, and D. Paciocco

New on WestlawNext: Reading Mode

Recently we’ve had to depend much more on our electronic subscriptions here at the library while renovations are ongoing, so we were delighted to see a “Reading Mode” button added to electronic texts in our WestlawNext Subscription!

This mode adds several features to enhance readability. It adds the Table of Contents for the text on the left for quick browsing, links at the top of the article to subheading anchors in the text, and it eliminates the top icon bar to avoid distraction (clicking out of Reading mode will bring it back so you can have your usual download/email options).

Best of all, when you scroll through the text new content just keeps loading! No more having to click through countless sections as you read. All in all, a much nicer experience when dealing with e-looseleafs. We definitely approve of this nice new feature!

Global Legal Hackathon Ottawa: Feb 23-25, 2018


We’re quite excited that there’s an Ottawa meetup for the Global Legal Hackathon, coming up on February 23-25, 2018!

For those not familiar with the concept of a hackathon, quite simply it’s a meetup that looks to brainstorm and implement technical solutions to solve a problem or address a need. Programmers, lawyers, business leaders and more are set to come together, form teams, and create solutions which they will then present to a panel of judges.

The hackathon is free to participate, and is looking for legal community members with all types of skills to join in! If you have an interest in legal tech and the future of technology in law, this is definitely not to be missed!

You can find out more information and register for the hackathon on their website, as well as following the hashtags #GLH2018 #glhOttawa on Twitter.

Here is a more detailed FAQ, for those inclined to know more:

What is it?
The Global Legal Hackathon is a chance for thousands of people in 40 cities around the world to combine ideas and technology to build concepts and solutions that address business and practice of law challenges and access to justice opportunities. This 3 minute video tells the story:

In Ottawa, collaborators from Invest Ottawa, Compass / vLex Canada, UOttawa faculty of law and its Programme de Pratique du Droit, and many others, with the generous support of IBM and the CCLA, will converge on Bayview Yards for a weekend of collaboration, hacking, creation and education. Visit the Ottawa event site for full details.

Specifically, multi-disciplinary teams come together to collaborate, build and launch mobile, web apps or any other innovations aimed at solving a particular problem. People can come individually or as a team, with an existing idea to pitch, or to listen and join one of the teams that will be formed at the start of the event.  The goal is to come up with a prototype or proposal at the end of the hackathon to present in front of a panel of esteemed judges that includes UOttawa Law Dean Adam Dodek, Invest Ottawa CEO Michael Tremblay, and National Chair of the CBA Futures Committee Martine Boucher. With adequate sponsorship, we also hope to create a number of other local competition categories.

Throughout the week-end, teams will be assisted by mentors, be entertained and educated by many guest speakers  addressing such topics as privacy issues for legal apps, the Internet of Things, blockchain, legal market changes, AI and Machine Learning, among other things. We are also expecting a very special guest to speak about the Ontario Minister of Attorney General’s efforts to introduce technology innovations to improve access to justice.

The winner for Ottawa will go through to a global competition, culminating with a global winner announced at a banquet in New York on April 21. But in the long term, we all win as the Ottawa law and tech communities come together and find new ways of supporting each other!
Our objective is to bring 150 people together, with up to a further 100 participating remotely or attending different parts of the event as observers. We are making great progress toward those targets.
When is it?
February 23rd at 5pm through to February 25th at 9pm. Full schedule details are updated daily on the Ottawa site.
Who else is involved?
Globally, city hosts include major legal publishers like Thomson Reuters and Wolters Kluwer, major tech companies like Microsoft and American Express, major law firms like Orrick and Baker Hostetler, and major law schools like USC and the Singapore Academy of Law. More city sponsors as being announced every day, and it reads like a who’s who of forward-thinking legal tech companies and institutions.

We are anticipating very good participation from the law school, and are pleased to see strong interest brewing in the Department of Justice and other areas of the government and of the courts, but we have an especially strong desire to engage the tech talent being developed in Ottawa’s colleges and universities. The world is watching and this is great place for those with technology, design, and programming skills to shine. With the legal community coming around to understanding its need to collaborate with these professionals, this event will prove a great opportunity for that collaboration to begin.

What about the technology aspects?
Any and all technologies are permitted and can be expected to be used in this event. In addition, some organizations will be making available technology and content to help turbo-charge participant efforts. Details of sponsored technologies will be posted on the global site shortly. As set out in this blog post from the global organizers  vLex (in partnership with Compass / vLex Canada) will be making its Iceberg AI platform available to 100 teams around the world. The platform enables access to the vLex case citator as well as to Machine Learning capabilities such as automated legal topic classification, entity and key phrase extraction, and “semantic comparison” functionality trained on legal information but applicable to any document type. In addition, teams will have the option of having their version of Iceberg pre-loaded with either 33,000 Canadian Federal Court decisions or 30,000+ decisions of the US Court of Appeals for the DC Circuit. Iceberg will be have at least one IBM Watson capability directly integrated (a natural language understanding module that extracts names, topics and key phrases from any document type), and IBM will shortly be announcing the details of other Watson capabilities that will be available for teams to use.

As to what teams may build — who knows! The results will be influence by the depth and breadth of law and tech community participation as well as the quality of guidance teams receive from volunteer mentors.

Great!! How do I get involved?
To sign up as a participant or attendee, access the sign-up forms through
To volunteer as a mentor (which essentially amounts to sitting at a table for an hour or two as teams come up to share what they are doing and seek your guidance on elements that could make the idea useful in the real world), please contact Colin Lachance at or 613-316-3290
To participate as a sponsor or to offer up an expert speaker for the Saturday education sessions, please contact Colin Lachance at or 613-316-3290.
Sponsorship packages will go to support food, tables, room rental and other aspects. The associated rights, privileges and recognitions will be tailored to the firm, and the packages will range from $1,000 to $3,000.
Yes, as you might have guessed, to step up and support your community as a sponsor, please contact Colin Lachance at or 613-316-3290.
What do I get as Platinum Presenting Sponsor?
For $5,000, the Platinum Presenting Sponsor will receive:
  • premiere recognition as sole Platinum sponsor
  • scope and space for firm signage (up to 5 placements, including behind the speakers on opening day and sunday evening pitches, a booth and collateral display table for the full event
  • acknowledgement from the main stage at each main step of the event
  • option of delivering a 30 minute information session during a Saturday speaking slot
  • a designated “<your firm/institution here> Mentor” corner to provide business of law counselling and feedback to hacking teams
  • premiere placement and high volume mentions and thanks on the site, the event app and social media communications between now and one week following the event
  • opportunity, at your option, to create a designated prize category and award
  • authorization to use and re-use for any purpose, the week-end media reel developed by the videographers we bring in to capture all the excitement and action of the week-end!