Ottawa Blog Roll: September-October 2019

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

Civil Litigation

Ontario’s Small Claims Court Raising its $$ Limits
– David Plotkin, Condo Adviser

Two appeal decisions spotlight plight of self-represented litigants
– Robert J. De Toni, Merovitz Potechin LLP

What Happens When a Landlord Defaults on their Mortgage?
– Kelli-Anne Day, Merovitz Potechin LLP

Canadian Neighbours Go To Battle Over Maple Tree
– The Ontario Wills and Estates Law Blog

Recreational Trails And Non-Urban Property Use: “Risks Willingly Assumed”
– Najma Rashid, OTLA

No “Home Free” Defence for Commercial Host
– Edward Masters, Mann Lawyers

Is it Time for a Royal Commission on Occupational Illness & Compensation?
– Van Dyke Injury Law Blog

Injured Workers Seek UN Recommendations on Deeming
– Van Dyke Injury Law Blog

Interim Construction Adjudication Takes Effect in October 2019
– Bryce Dillon & Keith A. MacLaren, Perley-Robertson Hill & McDougall LLP/s.r.l.

Condominium Law

The 10-Day Countdown to Condo Liens is Not as Simple as it Sounds
– Graeme Macpherson, Condo Adviser

Condo Declaration May Not Impose an Obligation to Lease Parking in Perpetuity
– Rod Escayola, Condo Adviser

Condo’s Legal Bills Sent to be Assessed
– Graeme Macpherson, Condo Adviser

Court Expands Condo Lien Notification Requirements
– Rod Escayola, Condo Adviser

Harassment in the Condominium Setting
– James Davidson, Davidson Houle Allen LLP

Buyer Beware: Enhanced Disclosure for Purchasers of Pre-construction Condominiums
– Emily Deng, Davidson Houle Allen LLP

Condominium Landlords Can Be Held Responsible for their Tenants
– Mohiminol Khandaker, Davidson Houle Allen LLP

What’s in a Majority? The Buzz on By-Laws
– Andrea Daly, Davidson Houle Allen LLP

Continue Reading…


Recently Published Ottawa Decisions

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

Family Matters

A.K. c. J-Y.S. (2019 ONSC 6199)
père — mère — garde — pension alimentaire — visites
Juge S. Gomery

Barrett v. Barrett (2019 ONSC 6197)
motion — financial — spousal support — child — daughters
Master A. Kaufman

Freedman v. Freedman (2019 ONSC 6065)
spousal support — motion to change — arrears — pay costs in the amount — disclosure
Justice J. Audet

Sassa c. Moki (2019 ONSC 6037)
mère — père — visites — incident — parent
Justice S. Gomery

Cohen v. Cohen (2019 ONSC 5957)
costs — motion — bifurcation — sub-rule — successful
Justice J. Audet

Continue Reading…


A Definitive Guide for When to Gown (or Not Gown) in Ottawa

We’re often asked about robing protocol and to be honest, we don’t know. We’re not lawyers and the entire practice around when to gown or not seems like a mystery to us! Unfortunately, it wasn’t clear for lawyers, either. Which is why <drumroll> we’re very excited to present our Definitive Guide for When to Gown (or Not Gown) in Ottawa.

 

We’ve also posted this to our website under the Practice Portals, along with a text version, and we’ll be hanging them up in the Library, Lounge, and Robing Rooms too. Hope it helps!

Thank you to the many people who have helped with this chart, including Sean Bawden, Jonathan Richardson, Karen Ann Reid, and members of judiciary of the Ontario Superior Court of Justice.


Recently Published Ottawa Decisions

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

Family Matters

Georgaros-Simpson v. Georgaros (2019 ONSC 5900)
costs — child — father — motion — spousal support
Justice J. Audet

Petrovic v. Petrovic (2019 ONSC 5838)
service — efforts to learn address — evidence — served — reasonably diligent efforts to learn
Justice P. MacEachern

Geldart v. Cosman (2019 ONSC 5791)
children — parenting time — evening — spousal support — police enforcement clause
Justice T. Engelking

Prentice v. Prentice (2019 ONSC 5676)
children — parenting — custody — daycare — assessment
Justice J. Blishen

Continue Reading…


Recently Published Ottawa Decisions

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

Family Matters

Al-Abdan v. MacKinnon (2019 ONSC 5595)
children — ex-parte without notice basis — locate — diet — interests
Justice K. Phillips

Gomez v. Revecho (2019 ONSC 5585)
parenting — child — motion — update — school
Justice C. MacLeod

Sakiyama v. Sakiyama (2019 ONSC 5522)
disclosure — orders — served — comply — motion
Justice P. MacEachern

McConnell v. McConnell (2019 ONSC 5508)
disclosure — including copies of all correspondence — credit card statements — laid-off — employment
Justice P. MacEachern

Brisebois v.Otim (2019 ONSC 5468)
mental health — disclosure — family doctor — suicide — records
Justice M. Labrosse

MacInnis v. Cross (2019 ONSC 5456)
spousal support — disclosure — non-compliance — financial — cohabitation
Justice J. Mackinnon

Continue Reading…


Introducing our New Library Name: The Gordon F. Henderson Library

Cross-posted from the CCLA/ABCC website:

The County of Carleton Law Association (CCLA) is pleased to announce the new name of their library.

Thanks to the generous title-sponsor level contributions by Gowling WLG (Canada) to the CCLA Renovations Campaign, the CCLA Library will now proudly bear the name of The Gordon F. Henderson Library.

Gordon F. Henderson CC QC (1912–1993) was an intellectual property lawyer who joined Henderson Herridge & Gowling (now Gowling WLG) in 1937, and later became its chairman. He was known for his advocacy on intellectual property matters as well as his involvement with intellectual property organizations throughout his career. Gordon Henderson was not just an IP lawyer; he excelled in every branch of the law he touched. His love of learning and of the law, as well as his high ethical and work standards infected all who were exposed to him.

Henderson was an active participant in professional associations both within and outside the legal community. He established the Intellectual Property Institute of Canada and was president of the Canadian Bar Association. He was the founding editor of the Canadian Patent Reporter in 1941 and was its editor until his death. Henderson served on the Board of Governors of the University of Ottawa, and from 1991-1993, he was chancellor of the university.

Henderson was also a philanthropist, humanitarian and civic leader in Ottawa, having founded or lent his support to numerous causes. He was awarded Canada’s highest civilian honour, a Companion of the Order of Canada, for his decades of service to his community and his profession.

Within the the Library, visitors can now find both a portrait of Gordon F. Henderson, as well as an art installation dedicated to his life and influence in the community.

The Gordon F. Henderson Library is located in the Ottawa courthouse at 161 Elgin Street. Established in 1888 to provide a legal research materials to Ottawa lawyers and judges, the Gordon F. Henderson Library remains a vital research hub for the Ottawa legal community, and serves lawyers, judges, paralegals, and students.


New Titles – September 2019

It was a slower month for new books, but we did receive a handful of great titles from Emond Publishing and the ever popular Martin’s Annual Criminal Code! Check out the whole list below!

2019-2020 Annotated Ontario Personal Property Security Act (Thomson Reuters)

The Anatomy of Criminal Procedure: A Visual Guide to the Law (Irwin Law)

Canadian Business Law, 3rd Ed. (Emond Publishing)

Civil Litigation, 3rd Ed. (Emond Publishing)

Code criminel annoté 2020 (Éditions Yvon Blais)

The Contracts Handbook: A Practical Guide to Reviewing, Revising, and Negotiating Commercial Contracts (Emond Publishing)

Employment Law for Business and Human Resources Professionals, Revised 4th Ed. (Emond Publishing)

A Guide to Consent & Capacity Law in Ontario, 2020 Ed. (LexisNexis)

Legal Accounting, 2nd Ed. (Emond Publishing)

Martin’s Annual Criminal Code, 2020 Ed. (Thomson Reuters)

Ontario Residential Real Estate for Practitioners (Emond Publishing)


Recently Published Ottawa Decisions

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

Family Matters

Jassani v. Jacob (2019 ONSC 5294)
children — father — access — records — work-related stress
Justice D. Summers

Mejia v. Page & Cousineau (2019 ONSC 5182)
grandmother — father — costs — offer to settle — child
Justice A. Doyle

Naegels v.Robillard (2019 ONSC 5151)
costs thrown away — adjournment — spousal support — wasted — fixed non-variable
Justice D. Summers

Civil Matters

Lewis Pelicos, Executor and Trustee of the Estate of James Pelicos v. The Estate of Stelios Pelicos (2019 ONSC 5304)
property — vesting — estate — gifts to the residual legatees — deceased
Justice A. Doyle

GoodLife Fitness Centres Inc. v. Hicks (2019 ONSC 4942)
non-judicial proceedings — emails — vexatious litigant — reconsideration — reprisal
Justice S. Corthorn

Continue Reading…


Upcoming Library Training

Now that our newly-renovated CCLA lounge is open, we’re pleased to announce our Library Training dates for the fall! All of these sessions will take place in our new boardroom, Suite 2004 at the 161 Elgin St courthouse. You will need a courthouse security pass to enter through the lounge doors, or if you do not have a security pass you can come to the library front desk and we can direct you to the space.

Mark your calendars and RSVP at the links below! These sessions are free to attend.

WestlawNext Canada

Monday, September 23, 2019, 12:00 – 1:00 PM; CCLA Nepean Boardroom (161 Elgin St, Suite 2004)

WestlawNext Canada contains a wealth of Canadian primary law, renowned commentary and value-added tools. In this session, we will cover how to:

  • Browse the CED, Canadian Abridgment and other exclusive WLNC content
  • Find specific documents by Citation or Name/Number
  • Link to Citing References and Other Related Documents (Noting up)
  • Perform searches using Plain Language or Boolean Connectors
  • Organize and filter Search Results
  • Work with Documents (Print, Email, Download)
  • Access Your Research History

This program has been LSO accredited for 1.0 CPD hour toward the annual Professionalism Requirement.

 

Thomson Reuters ProView

Wednesday, October 9, 2019, 12:00 – 1:00 PM; CCLA Nepean Boardroom (161 Elgin St, Suite 2004)

Many legal secondary sources are now being purchased by firms and courthouse libraries in an electronic format. One of the most popular e-book readers for legal texts is Thomson Retuers ProView. Join us as we welcome trainer Josée Provost for an hour-long session on using this new platform, which holds many of our most popular titles in the library.

ProView is the next generation platform that allows you to view your CCLA looseleaf subscriptions in an online format. In this session, we will discuss:

  • Working with the Table of Contents
  • Performing Keyword Searches
  • Creating PDFs for sharing and printing
  • Locating the latest updates
  • Accessing other ProView titles

This program has been LSO accredited for 1.0 CPD hour toward the annual Professionalism Requirement.

 

Lexis Advance Quicklaw

Wednesday, October 30, 2019, 12:00 – 1:00 PM; CCLA Nepean Boardroom (161 Elgin St, Suite 2004)

Join us on Wednesday, October 30 a for an hour-long training session on Lexis Advance Quicklaw! If you use this database but could use some fresh instruction on how to use it more effectively, this is the session for you.

In this session:

  • Learn to search the broadest collection of Canadian primary and secondary sources using a refreshingly new design that features a streamlined single intuitive search box allowing you to search as you like. As well, you will learn how selecting favourite sources or pre-search filters can help narrow your starting point.
  • Access extensive content coverage including Canadian Case Law; Case Summaries; Citators; Administrative Decisions; Acts; Regulations; Court Rules; Constitutions; Forms and Precedents; and Textbooks including Halsbury’s Laws of Canada.
  • Discover how to search by name, by source or topic, citation or keyword; navigate and refine search results; deliver documents; note up cases and statutes using the QuickCITE® Case Citator and the QuickCITE® Legislation Citator.
  • Discover how the ‘History Content Pod’ can help you streamline your workflow by viewing your search history, search terms, most recently opened documents, or, by viewing a graphical map of your search activities allowing you to jump right back into any part of your research.
  • See how highlighting and annotating can help you keep track of important and relevant material by saving them to customizable and sharable folders.

This program has been LSO accredited for 1.0 CPD hour toward the annual Professionalism Requirement.

 

CanLII

Wednesday, November 27, 2019, 12:00 – 1:00 PM; CCLA Nepean Boardroom (161 Elgin St, Suite 2004)

Your legal research doesn’t have to be time-consuming and expensive. Learn to effectively use one of Canada’s best free resources – CanLII.org. Conduct case law searches, browse recent court and tribunal decisions, find and note up bilingual point-in-time legislation, setup alerts for new cases, and much more!