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!


Recently Published Ottawa Decisions

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

Family Matters

A.L. v. L.L. (2019 ONSC 2628)
costs — access — motion — fees — children
Justice P. MacEachern

Clark v. Fuelling (2019 ONSC 2621)
interest in the property — support — showings — shows her total — rent
Justice C. Aitken

Van Delst v. Hor (2019 ONSC 2569)
survivor benefit — pre-judgment interest — unreduced pension — date of marriage — value
Justice T. Engelking

Jiang v. Parham (2018 ONSC 2706)
father — child support — income — financial — motion
Justice J. Mackinnon

Hum v. Skoll (2019 ONSC 2367)
income — company — family — separation — tab
Justice M. Linhares de Sousa

Continue Reading…


Newly Received Materials from LSO 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.

23rd Intellectual Property Law : the Year in Review (January 17, 2019)

  • Patents : 2018 in review / Dominique T. Hussey, Shelby Morrison, Katherine Rusk
  • Trademarks update / Mark Evans
  • Copyright update / Gerald (Jay) Kerr-Wilson

The Annotated Alter Ego Trust and Discretionary Trust 2019 (February 21, 2019)

  • Taxation of trusts in Canada / David P. Stevens
  • Overview of the twenty one year rule a trust lawyer’s perspective / M. Elena Hoffstein, Corina S. Weigl
  • Estate planning and the taxation of trusts / Maria Elena Hoffstein
  • Discussion of the annotated alter ego trust / David Stevens

Family Law Refresher 2019 (February 22, 2019)

  • What you need to know about the law of custody and access and support / Fareen L. Jamal
  • The do’s and don’ts in completing financial statements / Christopher Burrison, Sydney Bunting
  • What you need to know about the litigation process / Annie Noa Kenet
  • ADR 101 : practical tips for lawyers / Seema Jain

The Six-Minute Commercial Leasing Lawyer 2019 (February 25, 2019)

  • Cannabis retail store update / Cory Sherman, Caterina White
  • Issues related to terraces and patios / Faruk Gafic
  • Offers to lease : what to watch out for / Elizabeth Earon
  • Are you sure you understand insurance terms in leases? / Darrell Gold, Rachel Puma
  • When does a landlord have to intervene in a dispute between two tenants? / Sonja K. Homenuck

Recently Published Ottawa Decisions

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

Family Matters

Skinkle v. Skinkle (2019 ONSC 2353)
credit rating — cash surrender value — amount — damages — indemnity
Justice M. Labrosse

Boily v. Eaton (2019 ONSC 2145)
costs — offer — motion — child support — spousal support payable
Justice T. Engelking

MacLeod v. MacLeod (2019 ONSC 2136)
birth certificate — father — marriage contract — spousal support — contempt
Justice J. Audet

Ma.M. v. A.W.M. (2019 ONSC 2128)
father — child — dad — access — matrimonial home
Justice J. Audet

Jiang v. Parham (2019 ONSC 2131)
arrears of child support — security for costs — vol — motion to change — outstanding costs
Justice J. Parfett

Kelly-Rampulla v. Frankson (2019 ONSC 2122)
child — interim access — owes — motion — costs
Justice P. MacEachern

Continue Reading…


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!


#ThrowbackThursday: Annual Institute of Family Law 1999

Our Annual Institute of Family Law gets underway tomorrow at Château Montebello, and the program looks terrific! For a #TBT this week, we’ve pulled up the agenda for the 1999 conference (which if you can believe it was 20 years ago!).

 

As is always the case with these throwbacks, it’s interesting to see what the topics of the day were, who was a guest speaker and of course, who has gone on to the Bench! This year is a big year for planning committee member (then and now) Hunter Phillips, as he will receive the Hon. Heidi Levenson Polowin Award for Family Law (via video!) at the conference.

 


Recently Published Ottawa Decisions

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

Family Matters

Allison v. Senn (2019 ONSC 1956)
access — interim — father — motion — appointment
Justice R. Beaudoin

Pierre v. Pierre (2019 ONSC 832)
child support — income — interim — spousal support — expenses
Justice P. MacEachern

Devaney v. Devaney (2019 ONSC 1942)
questioning — attend — via — videoconferencing — mental health
Justice J. Audet

A.L. v. L.L. (2019 ONSC 1901)
supervised access — access to the children — best interests of the children — motion — provided
Justice P. MacEachern

G.T.G.D. v. M.D. (2019 ONSC 1879)
children — father — access — contempt — best interests
Justice D. Summers

Habimana v. Mukundwa (2019 ONSC 1781)
children — habitual residence — return — family — grave risk
Justice M. Linhares de Sousa

Pace v. Barry (2019 ONSC 1739)
father — undue hardship — children — child support — access
Justice J. Mackinnon

Civil Matters

Truestar Investments Ltd. v. Baer (2019 ONSC 1806)
partial indemnity costs — motion — disbursements — docketed — fees
Justice S. Corthorn

Continue Reading…


Upcoming SCC Case: Keatley Surveying Ltd. v. Teranet Inc.

There is an interesting case being heard at the Supreme Court of Canada next Friday (March 29), which has a good number of people in the legal community excited. Keatley Surveying Ltd. v. Teranet Inc. is a case on appeal from the Ontario courts to do with the issue of the copyright of land surveys.  Here is the summary of the proceedings to date, as it appears on the Supreme Court website:

The respondent manages the Province of Ontario’s electronic land registry system (the “ELRS”). Documents that were prepared by land surveyors such as drawings, maps, charts and plans (collectively “plans of survey”) are registered in the ELRS. The public can obtain on-line copies of registered plans of survey through the respondent for a fee prescribed by statute, no part of which constitutes fees or royalties paid to the land surveyors who prepared them. The appellant is the representative plaintiff in a certified class action brought on behalf of approximately 350 land surveyors whose plans of survey were scanned and copied into the respondent’s digital database and made available on-line. The appellant claims that the respondent is in breach of copyright by reaping substantial profits at the expense of surveyors. The Ontario Superior Court of Justice dismissed the appellant’s motion for summary judgment, granted the respondent’s motion for summary judgment and dismissed the class action. The court found that as a result of the legislative regime requiring registration or deposit of the plans of survey in the land registry office, ownership in the property of the plans of survey, including copyright, is transferred to the province. They are then “published by or under the direction or control of Her Majesty” pursuant to s. 12 of the Copyright Act. The Ontario Court of Appeal dismissed the appeal, holding that provincial Crown copyright is by virtue of s. 12 of Copyright Act, not the provincial legislation.

As section 12 of the Copyright Act is rarely judicially considered, particularly so at the Supreme Court level, interest in this case has been high. Several groups have successfully attained intervenor status for this case, including the Federation of Law Societies, CanLII, the Canadian Association of Law Libraries (CALL), and the Attorneys General of Canada and three provinces. For those of you with a keen interest in intellectual property and copyright, this is undoubtedly one to watch. (Which of course, you can do, as a webcast!)


Recently Published Ottawa Decisions

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

Family Matters

Smith v. Reynolds (2019 ONSC 1508)
soccer — child — interim access — exchanges — daycare
Justice P. MacEachern

Sealey v. Hoyte (2019 ONSC 1537)
child — unsupervised access — motion — supervised — exchanges
Justice P. MacEachern

Laderoute v. Heffernan (2019 ONSC 914)
valuation — report — business — corporate finance — stage of the admissibility test
Justice D. Summers

Civil Matters

Pittuck v. Garwood/Feller Inc. (2019 ONSC 1521)
costs — indemnity — tow truck — offer to settle — lease
Justice R. Smith

Toronto-Dominion Bank v. 1633092 Ontario Ltd. (2019 ONSC 1473)
loan — funding — invoices — duty of care — project
Justice M. O’Bonsawin

1778133 Ontario Inc. v. Laurin Contracting Ltd. (2019 ONSC 1532)
security for costs — assets — non-party to the litigation — impecunious — pay costs
Justice R. Ryan Bell

Medical Council of Canada v. Elmansy (2019 ONSC 1622)
sealing — exam — medical graduates — residency programs — identity
Justice C. Hackland


Newly Received Materials from LSO 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.

7th Annual Human Rights Summit (December 4, 2018) 

  • Assessment and discrimination in education, employment and professional licensing : testing the limits of accommodation / Cheryl Wiles Pooran and Faraz Kourangi  
  • A summary guide to cannabis in the workplace part one : recreational cannabis / Melissa Snider-Adler 
  • Preventing and addressing sexual harassment in your practice / Hena Singh, Sheryl Johnson Fact scenarios. 
  •  Unrepresented litigants : understanding your responsibilities / Wassim Garzouzi, Jo-Ann Seamon 

 Civil Appeals: The Year in Review (December 11, 2018) 

  • Employment law update : a discussion of selected employment law cases decided by the Ontario Court of Appeal in 2018 / Connie Reeve  
  • The Court of Appeal (finally) has its say on anti-SLAPP legislation / Andrew W. MacDonald  
  • Limitation periods update / Jeremy Opolsky  
  • Appellate tort law update for 2018 / Barbara Legate  

 Real Estate Refresher 2018 (December 12, 2018) 

  • Communication / Tannis A. Waugh  
  • Residential mortgage financing / Zahra Ziaie Moayyed  
  • Searching title in Ontario / Merredith MacLennan  
  • Understanding residential title insurance / Kevin Rogers, Merredith MacLennan 
  • Closings and closing documents / Ian Speers  

Estate Accounting 2019 (January 16, 2019) 

  • When can a trustee claim, and justify, a special fee? / Lisa S. Toner, David J. Byun  
  • Passing the breach : remedies and litigating breach of fiduciary duty claims in a passing of accounts / Arieh Bloom  
  • Pre-taking compensation in guardianships and estates : who, what, when and why / Pia Hundal  
  • The duty of a trustee-director to account for trust-owned corporations / Matthew Furrow