New Titles – July 2018

Alongside the newly renovated library, we’ve made sure to have a bunch of brand new books! The massive list below contains new editions of popular titles and completely new titles from a variety of practice areas. With new books and a beautiful new library, you have plenty of reasons to come for a visit!

The 2018 Annotated Bankruptcy and Insolvency Act (Thomson Reuters)

The 2018-2019 Annotated Contraventions Act (Thomson Reuters)

2018 GST Memoranda, Bulletins, Policies & Info Sheets, 25th Ed. (Thomson Reuters)

Administrative Law in Practice: Principles and Advocacy (Emond Publishing)

The Annotated Statutory Accident Benefits Schedule, 2018/2019 Ed. (LexisNexis)

Behind and Beyond Boilerplate: Drafting Commercial Agreements, Fourth Ed. (Thomson Reuters)

Canadian Contract Law, 4th Ed. (LexisNexis)

Canadian Guide to Uniform Legal Citation, 9th Ed. (Thomson Reuters)

The Canadian Law of Obligations: Private Law for the 21st Century and Beyond (LexisNexis)

Conduct of an Appeal, 4th Ed. (LexisNexis)

Criminal Law for Legal Professionals, 2nd Ed. (Emond Publishing)

Defending Drinking and Driving Cases 2018 (Thomson Reuters)

Family Law: Practice and Procedure, 5th Ed. (Emond Publishing)

A Guide to Practice and Procedure in the Ontario Small Claims Court (LexisNexis)

Handling Provincial Offence Cases in Ontario 2018 (Thomson Reuters)

Indigenous People and the Criminal Justice System (Emond Publishing)

The Law of Traffic Offences, 4th Ed. (Thomson Reuters)

Legal and Legislative Drafting, 2nd Ed. (LexisNexis)

Legal Liability of Doctors and Hospitals in Canada, 5th Ed. (Thomson Reuters)

Litigating Competition Law in Canada (LexisNexis)

Martin’s Related Criminal Statutes, 2018-2019 Ed. (Thomson Reuters)

Mistake in Contracting (LexisNexis)

Ontario Annual Practice 2018-2019 Ed. (Thomson Reuters)

Ontario Municipal Legislation 2018 (Thomson Reuters)

Ontario Planning Legislation 2018 (Thomson Reuters)

Ontario Workplace Safety and Insurance Act & Commentary, 2018/2019 Ed. (LexisNexis)

Personal Injury Damages, 2018 Ed. (LexisNexis)

Practitioner’s Goods and Services Tax Annotated with Harmonized Sales Tax 2018, 37th Ed. (Thomson Reuters)

Practitioner’s Ontario Taxes Annotated 2018, Spring Ed. (Thomson Reuters)

Social Media and Internet Law – Forms and Precedents, 2nd Ed. (LexisNexis)

Social Media and Privacy Law for Employers – Hiring, Firing and Managing Reputation (LexisNexis)

Termination of Employment (Emond Publishing)

The Trial of Sexual Offence Cases, Second Ed. (Thomson Reuters)

Watt’s Manual of Criminal Evidence 2018 (Thomson Reuters)


Recently Published Ottawa Decisions

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

Family Matters

Nafar-Ross v. Raahemi (2018 ONSC 4112)
costs — motion — child — successful — expectations
Justice P. Roger

Piacenti v. Thomson (2018 ONSC 4108)
access — matrimonial home — school — child support — income
Justice R. Ryan Bell

Pitre v. Lalande (2018 ONSC 3985)
post-judgment interest rate — father — arrears — post-judgment interest rates — accrue as of the date
Justice S. Corthorn

Mancini v. Mancini (2018 ONSC 3970)
income — bad faith — spousal support — motion — billable
Justice M. Shelston

A.Z. v. H. (2018 ONSC 3968)
costs — child support — arrears — equalization — full recovery
Justice T. Engelking

Kruschenske v. Kruschenske (2018 ONSC 3956)
father — children — second weekend — boys — overnight access
Justice P. Kane

Children’s Aid Society of Ottawa v. K.F. (2018 ONSC 3905)
paternal grandparents — children — half-siblings — motion for summary — custody
Justice S. Corthorn

Civil Matters

Leopold Edwin Siberg v. Bruyère Continuing Care Inc. (2018 ONSC 4235)
hospital — injunction — care — video — cameras
Justice C. MacLeod

Continue Reading…


Ottawa Blog Roll: June 2018

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

Condominium Law

Turning a New Leaf: The Impact of the Cannabis Act on Condominiums
– Melinda Andrews, Davidson Houle Allen LLP

The Role Of The Meeting Chair
– James Davidson, Davidson Houle Allen LLP

Who Can Rely On A Status Certificate?
– James Davidson, Davidson Houle Allen LLP

Marijuana Is Close To Legalization In Canada: What Does This Mean For Ontario Condominiums?
– Melinda Andrews, Davidson Houle Allen LLP

Corporate Commercial Law

Court Overturns Decision and Rules that Promissory Note is a Security
– Paul Franco, Mann Lawyers LLP

Cannabis Legalization and Regulation- a comprehensive look at the Cannabis Act
– Mark Asfar, Momentum Law

Criminal Law

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

Dear Doug Ford…
– Michael Spratt, Abergel Goldstein & Partners LLP

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

MCLNugget: Burke NLCA
– Dallas Mack, Mack’s Criminal Law

MCLNugget: WDAZ
– Dallas Mack, Mack’s Criminal Law

Employment & Labour Law

Sober, Safe and Productive Workplaces: Managing the Legalization of Recreational Marijuana
– Paul Willetts, Vey Willetts LLP

Keep the Receipts: Dismissed Employee awarded $45,000 for job search expenses
– Paul Willetts, Vey Willetts LLP

Holidays on Sunday
– Sean Bawden, Labour Pains

Under Arrest and Suddenly Unemployed: The Intersection of Criminal Law and Employment Law
– Sean Bawden, Labour Pains

Agreement to Provide Greater of Set Amount and ESA Minimums Legally Binding: ONCA
– Sean Bawden, Labour Pains

Employers’ Vicarious Liability for Sexual Assault
– Sean Bawden, Labour Pains

Entertainment Law

Broadcasters obtain injunction in bid to stem “emerging trend” of pre-loaded set-top boxes
– Margot Patterson, Entertainment & Media Law Signal

Family Law

Proposed Changes to the Divorce Act, Part 1
– Jennifer Reynolds, Fresh Legal

Proposed Changes to the Divorce Act, Part 2
– Jennifer Reynolds, Fresh Legal

Food & Beverage Law

Breaking: Canadian Food Inspection Agency publishes Safe Food for Canadians Regulations
– Lewis Retik, Gowling WLG

Indigenous Law

Marijuana In First Nations Communities – What Law Will Apply?
– Stéphane Sérafin & Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

Shire Defends Canadian VYVANSE® Patent against Apotex’s Impeachment Attacks
– Alexander Camenzind, Gowling WLG

Prior rights and registered intellectual property
– Multiple Authors, Gowling WLG

Unsettling Comments from the Ontario Courts re the Settled Law of Trademarks and Parallel Importation
– Howard Knopf, Excess Copyright

Security Law

Killing Canadians: Targeted Killing is No Longer Theoretical for Canada
– Craig Forcese, National Security Law

Trade Law

Last Call: Supreme Court Limits Interprovincial Trade in Alcohol 
– John Siwiec & Trent McBain, Perley-Robertson, Hill & McDougall LLP/s.r.l.

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!


Information for 2018-2019 Articling Students

The CCLA is happy to welcome all of Ottawa’s new articling students for the 2018-2019 articling year! In this post, we’ve put together information for new students about library and other association services to hopefully assist you over the next year.

CCLA Library and Research Assistance Services

The CCLA is currently in the middle of a large renovation project. While it is expected to be completed this fall, we are unable to currently offer a Lounge in the courthouse. We are, however, very excited to share our new Library space with you. Located on the main (2nd) floor of the Courthouse, you can find us across from Courtroom 23. We’re staffed Monday to Friday, 8:30 AM to 4:30 PM. You can also get in touch with us by email.So what do we have? How can we help? Here’s a rundown for you:Our library collection includes:

  • WestlawNext Canada and Lexis Advance Quicklaw, free in-Library use
  • JustisOne and ICLR Online, for British and other commonwealth case law, for in-Library use
  • DivorceMate, for those working in family law
  • Thomson Reuters ProView, for online books, free in-Library use
  • Wide variety of print resources covering almost all subject areas
  • Extensive legislative print collection, including City of Ottawa by-laws

Our services include:

  • Case retrieval
  • Assistance formulating a research plan or suggesting which resources you may want to look at
  • Legislative research help
  • Assistance with Quicklaw and Westlaw use
  • Forms and precedents retrieval

The library is also equipped with computers, printer/copiers, a fax machine, and scanning facilities, so if you need to do any of those while in the courthouse or during your research, we’re here! There is a charge for printing and faxing services, so speak with a CCLA Library staff member for more details on that. We’re a cash-less facility, but we accept Visa, Mastercard, American Express, debit, and firm accounts.

Finally, CCLA members have access to free WiFi in the courthouse. Stop by the front desk of the Library for more details.

The most important thing to remember? We’re here to help!

Tours of the CCLA Library

If you would like a tour of the library, please get in touch and we will work to accommodate you or your group.

Additional Information

CCLA student memberships are available for your articling term! You do not need to be a member to use the CCLA Library, but you will need to be a member should you wish to access the library after hours. It also provides discounts at great member partners, offers discounted rates for CCLA programming, and connects you to our great local legal community. You can register online, or get in contact with our Membership Services Assistant, Sonia Morin.

The CCLA has a great weekly e-newsletter that is completely free and not connected to a membership. Every Wednesday, you’ll get a listing of all the freshest job postings, upcoming CPD, and other news of interest to the legal community. Please sign up for this here. You can modify your subscription preferences at any time.

Finally, follow us on Twitter! We’re also on Facebook and LinkedIn, if that’s more your speed.


New Edition Alert: Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition

“Conduct of an Appeal” has been a favourite at this library over the years. So much so that our copies often go missing! When the 4th edition was announced I decided to be proactive and just order two. I hope I won’t need two, but we always have in the past! Better safe than sorry.

Conduct of an Appeal, 4th edition

We’re processing this book right now, but you’ll be able to find it both in Texts and in the Reserve section (at KF 9058 .ZA2 S66 2018) when we’re done. If you’d like to look at it before then, just ask at the front counter!


Recently Published Ottawa Decisions

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

Family Matters

Alcine v. Murray (2018 ONSC 3856)
child — jurisdiction — municipality — habitually resident — motion
Justice S. Kershman

Hilhorst v. Amaral (2018 ONSC 3782)
income — child support — diploma — completes her post-secondary education — enrolled
Justice C. MacLeod

Thomas v. Osika (2018 ONSC 3769)
father — motion — costs — spousal support — parenting
Justice J. Audet

Howard v. Miller (2018 ONSC 3748)
settlement — service of the motion record — pre-judgment interest — dispensing — indemnity
Justice S. Corthorn

Bloom v. Bloom (2018 ONSC 3666)
father — contempt motion — parenting — conference — children
Justice S. Corthorn

Civil Matters

McMurtry v. McMurtry (2018 ONSC 3893)
management conference — revised financial statements — deadline — report — review
Justice S. Corthorn

1550988 Ontario Limited v. Burnford Realty Limited (2018 ONSC 3869)
mini-trial — month-to-month lease — rectification — scratched — mistake
Justice S. Corthorn

Urbisci v. 2388095 Ontario Ltd. (2018 ONSC 3798)
produce audited financial statements — substantial indemnity basis — application — lawyers — backdated
Justice R. Ryan Bell

2496582 Ontario Inc. v. Duca Financial Services (2018 ONSC 3749)
redeem — three-part test — redemption clause — agreement of purchase — injunction
Justice S. Corthorn

Commissioner of Competition v. X (2018 ONSC 3730)
gender-identifying pronoun — redaction — non-publication — indirectly reveal the s identity — draft
Justice L. Ratushny

Knox v. Loblaws Inc. (2018 ONSC 3679)
litigation guardian — motion record — discontinuance — draft — crossclaims
Justice S. Corthorn

Criminal Matters

R. c. Zelman (2018 ONSC 3810)
partialité — acte d accusation — coordinatrice — réouvrir — déclaration finale
Juge M. O’Bonsawin

R v. Ader (2018 ONSC 2351)
hostages — kidnapping for ransom — captivity — hostage-taking — sentence
Justice R. Smith

R. v. Benhsaien (2018 ONSC 3672)
days of pre-sentence custody — dangerous offender — attack — sentence — personality
Justice C. McKinnon

R. v. Liu (2018 ONSC 3721)
jury — parole — character — degree murder — offence
Justice K. Phillips

R. v. McRae (2018 ONSC 3689)
recall — cross-examine — memory gaps — driving — methadone
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3694)
battered — jury — preemptive homicide as self-defence — evidence — expert
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3727)
jury — air of reality test — defence — self-defence — threat
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3743)
deceased — victim’s disposition for violence — aggressor — self-defence — unknown
Justice R. Beaudoin

R. v. McRae (2018 ONSC 3811)
criminal record — jury — credibility — corbett — deceased
Justice R. Beaudoin

Divisional Court Decisions by Ottawa Judges

Jasmine Princivil v. Mogo Financial Inc., Operating as Mogomoney (2018 ONSC 3916)
overriding error — palpable — amount — disbursements — standard of review
Justice M. O’Bonsawin

Court of Appeal Decisions of Local Interest

R. v. Barkhadle (2018 ONCA 569)
evidence — gun — officer — tackled — apartment
Justices C. W. Hourigan, G. Pardu, and I. Nordheimer

R. c. F.R. (2018 ONCA 568)
dix-huit ans — renseignement qui permettrait d établir — paix qui préside — diffuser — infraction
Les juges A. Hoy, P. Rouleau, et M. Benotto

McPeake v. Cadesky & Associates (2018 ONCA 554)
family trust — motion — standard of care — expert evidence — professional negligence
Justices R. Juriansz, M. Benotto, and J. M. Fairburn


#ThrowbackThursday: Demolition Before and After 1

Our apologies for the radio silence on Robeside Assistance this last week or so. We have been *busy* moving back into the Library, and we’re very happy to say that we’re almost ready to open up!

Before:

You’ll certainly remember our old front desk and reception area. This was the first view when you got around the corner, and where the library staff worked. That make-shift wall constructed out of bookshelves served us well, but it was definitely time for a change!

After:

You didn’t think I was going to give that away so easily, did you?! Here’s a mere fuzzy glimpse. You can see the real thing next week!

A few notes on when we open:

  • There are still a few little finishes and tweaks before the space is done done. You’ll still love the space anyways – trust us.
  • We’re only going to have a few computers available, and almost no new furniture, so bear with us! The new stuff (which is really nice and comfortable!) will be here in just a few weeks.
  • We’re shifting our hours a tiny bit, so if you want to talk to any of us in person, we’ll only be here until 4:30 (not 5:00, as it was before).
  • The lounge is still closed, and will be until the fall. We think you’ll be ready for the wait when you see how nicely the library turned out.

Recently Published Ottawa Decisions

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

Family Matters

Veres v. Veres (2018 ONSC 3497)
husband — wife — income — spousal support — equalized
Justice Timothy Minnema

Lavictoire v. Lavictoire (2018 ONSC 3455)
income — arrears of spousal support — children — separation — midrange
Justice Mark Shelston

Alazari v. Al Rubaie (2018 ONSC 3433)
child support — impute income — nil — business — intentionally
Justice Engelking

Vincellette v. Dupuis (2018 ONSC 3425)
children — best interests — school — custody — parenting
Justice Marc R. Labrosse

Benkhe v Needham (2018 ONSC 3309)
vesting — share of post-separation expenses — deficit — jointly-owned home — costs
Justice Martin James

Oschisor v. Oschisor (2018 ONSC 3306)
spousal support — child support — matrimonial home — income tax returns — midrange
Justice Shelston

Civil Matters

Unifor, Local 1688 v. The City of Ottawa (2018 ONSC 3377)
taxi industry — drivers — regulatory — level playing field — tab
Justice Linhares de Sousa

Merchant v. Mehta (2018 ONSC 3632)
funds — invested — personal loan — interest — cash
Justice C.T. Hackland

McLaughlin v. Maynard (2018 ONSC 3605)
malice — summary — motion — defamation — risk of duplicative proceedings
Justice R. Ryan Bell

Vision Air Conditioning and Heating Corporation v. Golden Dragon Ho Inc. (2018 ONSC 3520)
owner — corporation — funds — impressed with a trust — contractor
Justice Calum MacLeod

Peternel v. Custom Granite & Marble Ltd. (2018 ONSC 3508)
childcare — daycare — work — maternity leave — countertops
Justice Sheard

Norgren v. Plasma Power LLC (2018 ONSC 3186)
offers for employment — indefinite term — timeout — group of companies — accrued vacation
Justice Marc R. Labrosse

Commissioner of Competition v. X (2018 ONSC 3374)
edits — public — price-fixing — non-publication — innocent person
Justice Ratushny

Kerr v. Oz Optics LTD. (2018 ONSC 3365)
constructive dismissal — genuine issue requiring — summary — employee loan agreement — merchandising v professional soccer league
Justice Robert L. Maranger

Criminal Matters

R. v. Yaali (2018 ONSC 3045)
victim — townhouse — handgun — manslaughter — moral culpability
Justice Ratushny

R. v. D.D. (2018 ONSC 3305)
text messages — knife — intercourse — beyond a reasonable doubt — evidence
Justice Ryan Bell

Court of Appeal Decisions of Local Interest

R. v. Ismail (2018 ONCA 543)
pursuer — handgun — recycling bin — sentence — fresh evidence
Justices Pepall, Hourigan and Nordheimer

Huang v. Fraser Hillary’s Limited (2018 ONCA 527)
remediation — nuisance — foreseeability — properties — contamination
Justices Hourigan, Benotto and Fairburn

Tremblay v. Ottawa (Police Services Board) (2018 ONCA 497)
public safety firearms warrant — police — gunshots — grounds to arrest — standard of care
Justices C.J.O. Strathy, Juriansz and Huscroft

Prescott & Russell (United Counties) v. David S. Laflamme Construction Inc. (2018 ONCA 495)
motion — limitation period — interlocutory — adding — expired
Justices Doherty, LaForme and Himel (ad hoc)

McPeake v. Cadesky & Associates (2018 ONCA 500)
cross-respondent — abandoned — fixed — reported — cross-respondents
Justices Juriansz, Benotto and Fairburn


Ottawa Blog Roll: May 2018

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

Civil Litigation

Taking them at their word? The validity of verbal contracts
– Shauna Cant, Mann Lawyers LLP

What Is Being Done About Driver Inattention in Ontario?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

What do Condo Owners Think of Marijuana Legalization?
– Rodrigue Escayola, Condo Adviser

Mandatory Residential Tenancy Agreement Arriving for Residential Tenancies in Condominiums
– David Lu & Victoria Crane, Davidson Houle Allen LLP

The New and “Improved” Condo Proxy is Out!
– Rodrigue Escayola, Condo Adviser

The New(est) Proxy Form
– Christy Allen, Davidson Houle Allen LLP

Provincial Elections: What Are the Rules on Canvassing in Condos?
– Jocelyn Duquette, Condo Adviser

Improved rules to vehicle charging incentive programs in condos
– Merovitz Potechin LLP

Criminal Law

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

Fit For The Pen
– Louise Tansey, Mack’s Criminal Law

Failing To Provide The Necessary Jury Instruction
– Louise Tansey, Mack’s Criminal Law

MCLNugget: Colling SCC
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Groia SCC
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Wong SCC
– Dallas Mack, Mack’s Criminal Law

Corporate Get Out of Jail Free Card Buried in Omnibus Bill
– Michael Spratt, Abergel Goldstein & Partners LLP

Diab: A Broken Extradition System
– Michael Spratt, Abergel Goldstein & Partners LLP

Continue Reading…


Related Proceedings on WestlawNext Canada

We’re happy to highlight a very useful feature that has sneakily been added to WestlawNext Canada for a couple months now: related proceedings! You’re likely familiar with the usual case history chart that you can access through the “History” tab on a case, but what you may not have noticed is an extra link detailing the related proceedings.

As you can see in the screenshot below, in the left-hand bar there are the two case histories listed under Direct History, but underneath that is now a link to the Related Proceedings for the case.

 

Clicking on that link brings up a whole new document, detailing and linking to both the direct history and to any related proceedings (applications, interlocutory motions, etc.)  that are available for the case. It lists them in chronological order, as you can see below, so it can be quite helpful when dealing with complicated matters that span multiple years!

 

Related Proceedings summaries such as this have currently been added for Federal, Ontario, PEI, and New Brunswick jurisdictions. You can check the status of the other provinces at their press release here, which Thomson Reuters is updating as content is added.

WestlawNext Canada is available for use on all our library computers, or as always, feel free to get in touch with us if you need something specific!