Monthly Archives: November 2016

Resource Spotlight: Indigenous Writes – A Guide to First Nations, Métis & Inuit Issues in Canada

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Indigenous Writes: A Guide to First Nations, Métis & Inuit Issues in Canada is currently stored on our “New Books” shelf, and I can easily say I’ve seen more people pick this book up to flip through than any other book we’ve had on the shelf before. Written by Chelsea Vowel, who can be found online at her Twitter handle @apihtawikosisan and website âpihtawikosisân, this book delivers an excellent discussion on Indigenous issues. Sample chapters include “Settling on a Name: Names for Non-Indigenous Canadians,” “Got Status? Indian Status in Canada,” and “What is Cultural Appropriation? Respecting Cultural Boundaries” (among many, many more). Recently, Vowel was interviewed on the CBC radio program “Unreserved” – you can listen to that segment here. If you miss this book while it’s on the new releases shelf, you’ll be able to find it later at E78 .C2 V69 2016.

Ottawa Blog Roll: November 2016

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Below are links to blog posts or articles authored by the Ottawa legal community in November.

Civil Litigation

So You Want to Appeal… (Part 1 – General Overview)
– Megan E. Fife, Maclaren Corlett

Vicarious liability: You are liable for the actions of people who have “possession” of your vehicle with your “consent”
– Burke-Robertson LLP

Safeguarding the Arbitration Process: Court deters frivolous claims of arbitrator bias
– R. Aaron Rubinoff and John Siwiec, Perley-Robertson, Hill & McDougall LLP

A Brief Review of Social Host Liability in Canada
– Ally Czarnowski, Perley-Robertson, Hill & McDougall LLP

Condominium Law

Courts Will Protect Condo Board Decisions… made in good faith
– Rod Escayola, Condo Adviser

Register Your Condo Lien Early or Risk Losing It
– Rod Escayola, Condo Adviser

Condominium Declaration, By-laws and Rules: What’s the Difference?
– Rod Escayola, Condo Adviser

How Much Time Does a Condo Have to Register a Lien ? (Part 2)
– Rod Escayola, Condo Adviser

First-Year Deficit of a Condominium Corporation
– Rod Escayola, Condo Adviser

Case Law Highlights
– James Davidson, Condo Law News

New Authorities Under Bill 106
– James Davidson, Condo Law News

Discovery of Claims Requires Asking the Right Questions
– Christy Allen, Condo Law News

Corporate Commercial Law

VIDEO BLOG: SPACs and CPCs: Alternatives to Private Equity and Traditional IPOs
– Conor Cronin, Perley-Robertson, Hill & McDougall LLP

Criminal Law

Marijuana dispensaries wait as report on Canada’s legalization due Nov. 29, 2016 – Risk of charges continues
– Brett McGarry, McGarry Law

“We all share blame”: Reconciliation and sentencing in R v. Pelletier
– Anne-Marie McElroy, McElroy Law

October Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

In the News: Publication Ban and the Presumption of Innocence
– Shore Davis Johnston

The RCMP Needs You Scared – and the Media Seems Happy to Help
– Michael Spratt, Abergel Goldstein & Partners LLP

Are the Liberals Missing the Will to Change the Status Quo
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

When the Most Qualified Candidate Does Not Win
– Sean Bawden, Labour Pains

Dismissed employee receives punitive damages award
– Wassim Garzouzi, RavenLaw

Continue Reading…

#ThrowbackThursday: Winter in the 1800s

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As we all brace ourselves for what should be a snowy winter, let’s just take a moment to be thankful for snow removal technologies, and that we are not these guys doing it all manually in the late 1800s.

Snow removal on Sparks St. (after a storm, looking toward Metcalfe St)

Snow removal on Sparks St. (after a storm, looking toward Metcalfe St). William James Topley/Library and Archives Canada/PA-008376

Sparks Street. Samuel J. Jarvis / Bibliothèque et Archives Canada / C-002186

Sparks Street. Samuel J. Jarvis / Bibliothèque et Archives Canada / C-002186

I had no idea snow plows were so interesting, but check out this article for a more in-depth explanation of their history and use in Ottawa!

 

Newly Received Materials from LSUC CPD

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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.

The Six-Minute Business Lawyer 2016 (June 8, 2016)

  • Franchise law update / Siskinds LLP
  • Privacy and social media minefields: advising business clients how to protect themselves / Kathryn Manning
  • Some recent and noteworthy amendments to Ontario’s Personal Property Security Act / Rob Scavone
  • Doing business with the Canadian public sector / Alexis Levine and Stephanie Console

Criminal Law Practice Basics 2016 (May 7, 2016)

  • Fact scenario / Kimberley Crosbie and David Humphrey
  • Disclosure: the issues before the trial / Danielle Robitaille and Dimitra Tsagaris
  • Pre-trial conferences and trial readiness — resources / Nadia Liva
  • Case law update and new developments in criminal law / Seth Weinstein

Administrative Law Practice Basics 2016 (May 6, 2016)

  • Judicial review and appeals from administrative decisions / Neil Abramson and Marshall Swadron
  • Administrative law: an overview / Freya Kirstjanson
  • Administrative decision-making in immigration and refugee law matters / Chantal Desloges and Samuel Plett

18th Biennial National Conference: New Developments in Communications Law and Policy (May 5 – 6, 2016)

  • What’s the big deal with big data? Hopefully, a fair one / Chantal Bernier
  • A new regulatory framework for the digital ecosystem / Jeffrey Eisenach and Bruno Soria
  • Net neutrality in Canada / Bram Abramson
  • Social media ethics for communications lawyers / Crystal Hulley

Recently Published Ottawa Decisions

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

Family Matters

Morey v Bisson (2016 ONSC 7252)
jurisdiction — children are habitually residents — custody of the children — forum — care
Justice M. Labrosse

Levesque v Windsor (2016 ONSC 7206)
visits — supervised access — contempt — unsupervised — school
Justice M. Linhares de Sousa

Tajik v Maharlouie (2016 ONSC 7091)
marriage — contests — security for costs — motion — outstanding
Justice M. Linhares de Sousa

Maisonneuve v Preece (2016 ONSC 6987)
evidence — time — father — school — ride
Justice C. MacLeod

Wang v Grenier (2016 ONSC 6939)
motion — parenting — costs — recommendations — affidavits
Justice R. Beaudoin

Rochester v Rochester (2016 ONSC 7075)
equalization — spousal support — divorce — income — time
Justice C. MacLeod

Batten-Carew v Batten (2016 ONSC 6937)
partnership agreement — loan agreement — property — contend — entered
Justice T. Ray

Civil Matters

Lacroix v Dompierre (2016 ONSC 6931)
lien — costs — partial indemnity — breach of trust — added
Justice R. Beaudoin

Continue Reading…

#ThrowbackThursday: Civil Litigation Updated 1981 2

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The 2016 Civil Litigation Conference (aka “Montebello” aka “Civ Lit” aka “Trembello”) kicks off tomorrow, so naturally I hit the stacks to dig up the first ever Civil Litigation Updated program.

Civil Litigation 1981 - Program Day 1Civil Litigation 1981 - Program Day 2

I was looking up other key events from 1981, and just wow – a lot happened that year! Head over to Wikipedia to check out a list (and here’s one of Canada specifically).

 

CCLA Compendium of Damages Awarded in Personal Injury Actions Across Ontario – October 2016 Update

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This one is hot off the press! Just this morning, we were sent the latest update to our Compendium of Damages Awarded in Personal Injury Actions Across Ontario. This guide has been produced for the CCLA for several years, with the assistance of students from the University of Ottawa law school, and under the leadership of The Honourable James Chadwick. This year’s update was prepared by Caleb Timmerman – we thank him tremendously for his work on the project!

To check it out, please click here. For your future reference, you can find this publication on the CCLA website under our “Civil Litigation” practice portal.

Also, if you’re looking for the CCLA’s Compendium of Costs, our most recent update is from 2013 – you can find that here.

New Titles – November 2016

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The following list of new titles can now be found in the library:

Ontario Superior Court Practice 2017 (LexisNexis)

Chartes des Droits de la Personne : Législation, Jurisprudence et Doctrine (Wilson & Lafleur)

Macdonell, Sheard and Hull on Probate Practice (Carswell)

Key Developments in Estates and Trusts Law in Ontario 2015-2016 (Carswell)

Drafting Trusts and Will Trusts in Canada (LexisNexis)

Hutchison’s Search Warrant Manual (Carswell)

The 2017 Annotated Ontario Education Act (Carswell)

Annual Review of Civil Litigation 2016 (Carswell)

The Law of Adjournments: A Manual on Postponement (LexisNexis)

Aboriginal Law, Fifth Edition (Carswell)

Ontario Courtroom Procedure (LexisNexis)

#ThrowbackThursday: The Poppy

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Amidst other chaos, tomorrow we pause for a moment to remember and to honour our Veterans. In Canada, lapel Poppies have been a symbol of our remembrance since 1922, when they were first made by disabled Veterans, with the support of the Department of Soldiers Civil Re-establishment.

The Poppy is a trademarked symbol by the Legion, and Jen was able to dig up the Private Act of Canada where the drawing of the Poppy was found (SC 1980-81-82-83, c 179, Schedule II):

poppy poppy2

The poppy originally had a black centre before it changed to green for about twenty years (as seen above), and then was changed back to its original colour in 2002.

 

References

– The Poppy Manual, Royal Canadian Legion
– Why not all poppies look the same, Toronto Star, Nov 10, 2014

Sites Unseen: GlobaLex

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We get research questions every now and then relating to foreign legislation or case law, and international legal materials are often difficult to find as most of our subscriptions do not cover much outside of Canada. So how do we go beyond the Google search to know what’s out there and what’s legitimate?

One of our favourite sites for International and Comparative law research is called GlobaLex, which is run by the New York University School of Law. From the homepage, click through to “Foreign Law Research”, and a list of each country will appear in alphabetical order.

globalex

 

Clicking on any one of these country links will bring you to the country overview, which includes a summary of the country’s legal system, the organization of its parliament and courts, plus links or references to secondary and primary sources.

globalex2

This is a great place to start to get the lay of the land of a foreign jurisdiction, allowing you to follow through to other official links and resources from that jurisdiction. It’s a great first stop to doing international legal research!