Recently Published Ottawa Decisions

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

Family Matters

Lapp v. Dunn (2020 ONSC 1720)
income — imputed — child support — arrears — payor
Justice S. Gomery

Cohen v. Cohen (2020 ONSC 1717)
motion — offer — settle — costs on a full recovery — testify
Justice S. Corthorn

DeGiorgio v. DeGiorgio (2020 ONSC 1674)
recording — father — child — admissible — electronic record
Justice J. Mackinnon

Civil Matters

Cowley v. Skyjack Inc. et al. (2020 ONSC 1718)
subrogation — benefits — double recovery — private insurance exception — motion
Justice S. Corthorn

Baker v. Maloney (2020 ONSC 1929)
covid — https — ontariocourts — can purchase a new draft — reattended
Justice S. Kershman

Continue Reading…


Linking to Conference Materials on CanLII

With our announcement that the CCLA Conference Papers Database has moved to CanLII, we are sure some of you are wondering how you can link to your work (for example, if you wanted to link from your firm website to a paper you gave). This is very easy to do on CanLII, so here are the step by step instructions! 

1. Find Your Paper

You can find your paper by browsing through the contents for each conference, or you can use the search box on the Conference Proceedings page to look for your paper title or your name.

2. When you’ve found your paper, look at the boxed heading at the top of the page


3. Copy the permanent link, and use that link for your website (or wherever!)

 

If you’re curious, that same tidy permanent link is available on all documents on CanLII. If you’re using CanLII at all – and you probably are or should be! – check that out for a nice, stable link in your documents.

In decisions:

 

 

In legislation:


Available CCLA Library Services During COVID-19 Shutdown

The CCLA Library may have closed its physical doors for the time being, but we’re still able to assist you remotely with many of your legal research needs! Here’s what we can still help with :

  • Case & Looseleaf Searching: We still have access to Quicklaw Advance, WestlawNext, and Proview and are able to run keyword searches for you on a wide variety of topics.
  • Case & Document Retrieval: Missed the chance to grab a remote HeinOnline password while the Great Library is closed? Let us know if there are any journal articles you might need and we can forward them along to you!
  • Precedents: We might not have our print collection, but there are a ton of precedents available in O’Briens and Quicklaw that we can search for you to assist with your drafting.
  • Legislative Research: Historical legislation is confusing! (but we love doing it!) Let us help point you in the right direction with tracing or helping to find point-in-time legislation.

Unfortunately for the time being we are not able to assist with:

  • Scanning Print Materials
  • Interlibrary Loans
  • Eliminating pandemic-related anxiety (let’s all breathe and do some yoga)

So please don’t hesitate to send us an email if there’s anything we may be able to help with as you’re locked up at home! Wishing you and your families health and safety.


Recently Published Ottawa Decisions

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

Family Matters

Proulx v. Guy (2020 ONSC 1285)
spousal support — offer to settle — retroactive child support — life insurance — amount
Justice A. Doyle

Bloom v. Bloom (2020 ONSC 1397)
father — spousal support — children — genuine issue requiring — variation
Justice J. Audet

Civil Matters

Perodeau v. TD Canada Trust et al. (2020 ONSC 1542)
fiduciary duty — renewal — borrower — insurance — res judicata
Justice S. Corthorn

Eureka 93 Inc. et. al. (Re) (2020 ONSC 1482)
noteholders — creditors — proposal — interim financing — cannabis
Justice C. MacLeod

Byeongheon Lee v. 2321324 Ontario Inc. (2020 ONSC 1473)
landlord — lease — dry-cleaning business — equipment — premises
Justice C. Hackland

The Economical Insurance Group v. Desjardins Insurance (2020 ONSC 1363)
arbitrator — claimants — principally dependent — injured — insurer
Justice C. MacLeod

Romain et al v. Reid et al (2020 ONSC 1405)
production — discovery — motion — children — probative
Justice S. Gomery

Continue Reading…


CCLA Conference Papers: Now on CanLII!

Back in August, we mentioned that software and hardware upgrades at the CCLA necessitated our taking down the CCLA Conference Papers Database on our website. For almost 10 years we provided free access to our excellent archive of conference materials, and whatever was going to replace the database had to be great. We believe we’ve found the perfect solution. 

As of today, select papers from the CCLA’s four major conferences will be available on CanLII! CanLII’s Commentary collection has been growing steadily in the past few years, bringing more and more free and highquality legal information to its platform. Freely accessible from anywhere, the collection has been a monumental step forward in access to justice. When CanLII said they would host our conference papers collection, we were thrilled!  

The collection on CanLII currently is just from 2018; it will eventually date back to 2014, and we will continue to add new materials to the collection after each conference. Which materials are included are decided by the editorial team at Lexum (the platform CanLII lives on), so if you want your paper or presentation to be included, be sure to make it awesome. If you have contributed in the past and you’d rather not have your work on CanLII, that’s okay too – just let us know. 

If you want to go check out the collection, here’s a direct link to the “Conference Proceedings” page  on CanLII. Materials will come up in search results too, under the “Commentary” tab. 

As for the materials from previous years and the materials that did not get posted to CanLII, you can always request those from us. On each of the conference pages on the CCLA website, you can find a Table of Contents for each conference. Call, email, or visit us and we’ll set you up with those materials. 

Thank you to CanLII for giving our conference papers collection a new home! 


Recently Published Ottawa Decisions

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

Family Matters

Murray v. Choudhary (2020 ONSC 1183)
motion — prong of the test — cost — file — contempt
Justice P. MacEachern

Zelaya v. Zelaya (2020 ONSC 1182)
child support — conference — arrears — motion to change — file her response
Justice P. MacEachern

Zeineldin v. Elshikh (2020 ONSC 1160)
divorce — income — interim disbursement — foreign — children
Justice T. Engelking

CAS v. K.S. (2020 ONSC 1051)
child — genuine issue requiring — access — extended society care — best interests
Justice D. Summers

Scutt v. St. Cyr (2020 ONSC 1159)
children — father — parenting — clinical assessor — custody
Justice J. Audet

Patullo v. Hickey (2020 ONSC 1156)
email — child — access — conference — motion
Justice P. MacEachern

Continue Reading…


Recently Published Ottawa Decisions

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

Family Matters

CAS v. T.S. and M.O.U. and C.S. (2020 ONSC 879)
maternal grandmother — child — care — custody — charge
Justice D. Summers

Z.S. v. B.P. (2020 ONSC 885)
power imbalance screening — arbitration — domestic violence — mediation session — number of pre-arbitration conferences
Justice P. MacEachern

Vekeman v. Vekeman (2020 ONSC 823)
younger children — access to the two younger — oldest child — allegations — father’s access
Justice P. MacEachern

Armstrong v. Vanneste (2020 ONSC 804)
motion to change — security for costs — child — conference — proposal
Justice P. MacEachern

Crockett v. Crockett (2020 ONSC 714)
temporary spousal support — costs — matrimonial home — divided — cross-motion
Justice J. Mackinnon

Robson v. Pellerin (2020 ONSC 716)
motion — offer to settle — costs — line of credit — unreasonable
Justice J. Mackinnon

Continue Reading…


Ottawa Blog Roll: January 2020

Please find below links to a selection of recent blog posts or articles authored by the Ottawa legal community in January.

Civil Litigation

Changes to the Rules of Civil Procedure in Ontario
– Chloe Waind, Merovitz Potechin LLP

Ontario introduces amendments to simplified procedure – What does this mean for insurers?
– Jordan Wright & Cassandra Khatchikian, Gowling WLG

Consider Yourself Warned the Next Time you Lace Up Your Skates
– Michael Beeson, Low Murchison Radnoff LLP

Condominium Law

Status Certificates – A Checklist of Legal Considerations
– James Davidson, Davidson Houle Allen LLP

Alberta Court Orders Removal of Dog from Condominium
– Mohiminol Khandaker, Davidson Houle Allen LLP

Water Damage Flow Chart
– James Davidson & Nancy Houle, Davidson Houle Allen LLP

Mould in a Unit – When Is a Condominium Corporation Responsible?
– James Davidson, Davidson Houle Allen LLP

Chargebacks for Enforcement Costs – What Now?
– James Davidson, Davidson Houle Allen LLP

Second-Hand Smoke – What Are the Rights and Obligations?
– James Davidson, Davidson Houle Allen LLP

The Crisis in Condominium Insurance
– James Davidson, Davidson Houle Allen LLP

Condos Must Notify Owners Before Commencing Lawsuits 2.0
– Rod Escayola, Condo Adviser

Condos Must Act Reasonably When Imposing a Section-98 Agreement
– Graeme Macpherson, Condo Adviser

Condos Must Act Reasonably When Seeking Compliance
– David Plotkin, Condo Adviser

Condos Cannot Lien the Cost of Seeking Compliance
– Rod Escayola, Condo Adviser

The Condo Forms Have Moved !! Find Them Here!
– Rod Escayola, Condo Adviser

Construction Law

Regulatory changes for Ontario’s construction and environmental sectors
– Roxie Graystone, Merovitz Potechin LLP

Corporate Commercial Law

Incorporation for Real Estate Agents
– Jade Renaud, Mann Lawyers

Judicial Update – Bond Design Build Inc. v Wellings of Stittsville Inc.
– Christine A. Powell & Crystal McConkey, Soloway Wright

Continue Reading…


International Materials Round-Up

It’s been a minute since we covered the wide range of international materials we have here in the library, so let’s do a round-up!

International materials are often fairly expensive to subscribe to. A firm that doesn’t do a lot of work requiring materials from outside Canada will likely not subscribe to any international services. Fortunately, the CCLA has your back! If you need non-Canadian case law, we’re definitely here to help and provide a very cost-effective solution to your research needs.

Note the following:

  • Most of these resources only contain case law and legislation. We don’t have many secondary sources available. International treatises are very expensive to acquire, so if you need something from a text, get in touch and we’ll find another library who does have a copy of the item and can make a scan or lend.
  • Any of the paid resources below are for use in-library only. Unfortunately, legal publishers aren’t keen to provide off-site access to their databases. The exception to this is …
  • For HeinOnline: This resource has some very old English case law in it, a fantastic collection of Canadian legislation, and a lot of legal journals. The Law Society is able to provide remote access to this database for all licensees in Ontario. To get your own password, please contact the Law Society’s library.

United Kingdom

By far, the UK is the most sought-after foreign jurisdiction. We have UK case law available in several services, as well as some old print materials still on the shelf.

  • Lexis Advance Quicklaw
  • JustisOne
  • ICLR.3
  • Hein Online
  • BAILII – Use from Home or Office!

Australia & New Zealand 

Australia and New Zealand have been coming up more and more frequently. Fortunately, we have you covered!

  • Lexis Advance Quicklaw
  • JustisOne
  • AustLII – Use from Home or Office!

United States of America

American case law and legislation can be a bit tricky to figure out, but we’re covered for that, too.

  • Lexis Advance Quicklaw
  • LII – Use from Home or Office!
  • Google Scholar – Use from Home or Office!

Other Free Resources

  • Free Access to the Law member websites – Here is a list of sites that are basically like CanLII, but from other countries. Be warned: CanLII is easily the best of the bunch, so temper your expectations for other countries.
  • GlobaLex – Great guides to the law from a huge number of countries.

Finally, if none of these services have what you need, don’t fear! We work with other libraries who have different subscriptions, and we’re always happy to ask around if you need something.


Recently Published Ottawa Decisions

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

Family Matters

Nadon v. Whissell (2020 ONSC 655)
father — costs — child support — successful — litigants
Justice J. Audet

Hubley v. Fitzpatrick (2020 ONSC 597)
child support — conference — promote the primary objective — spousal support — orders
Justice P. MacEachern

Fournier v. Labranche (2020 ONSC 575)
costs — child support — income — enforceable — pay
Justice T. Engelking

The Children’s Aid Society of Ottawa-Carleton v. V.M. (2020 ONSC 221)
child — genuine issue requiring — admits — evidence — records
Justice A. Doyle

Thompson v. Lidtkie (2020 ONSC 117)
access road — costs — property — easements — driveway
Justice A. Doyle

Letkeman v. Bainbridge (2020 ONSC 508)
spousal support — income — range — material change — variation
Justice T. Engelking

Continue Reading…