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
Ontario Court Orders Employer to Pay $50,000 in Punitive Damages
– Paul Willetts, Vey Willetts LLP
Whose Computer is it Anyway: accessing pornography using company equipment and systems
– Ella Forbes-Chilibeck, Forbes-Chilibeck Employment Law
Employee Misconduct and Online Anonymity
– Andrew Vey, Vey Willetts LLP
Fixed Term Employment Agreements and Employee Severance
– Paul Willetts, Vey Willetts LLP
Accommodation at Work: The Role of Ontario Employers and Employees
– Paul Willetts, Vey Willetts LLP
Unrelated Employers Do Not Create Continuous Employment
– Sean Bawden, Labour Pains
Ottawa Judge Awards $50,000 in Punitive Damages after Employer Fails to Provide Statutory Minimums and ROE
– Sean Bawden, Labour Pains
Rage Typing and Social Media Harassment: What Are An Employer’s Obligations?
– Stephanie Lewis, Labour of Law
Div Court Finds No Frustration of Contract after 29-Month Disability Leave; Upholds Awards of Human Rights Damages and “Punitive” Costs
– Sean Bawden, Labour Pains
“An employer can only dismiss a probationary employee for just cause” – Why that statement may have been correct, but it doesn’t mean what you think.
– Sean Bawden, Labour Pains
Refusal to Hire Foreigners in Order to Keep the “White Man Working” both Morally Repugnant and Illegally Racist
– Sean Bawden, Labour Pains
The Enforceability of Releases: Top 10 Need-to-know Facts
– Jill Lewis, The Workplace Matters
Do Disabilities Disable Progressive Discipline?
– Stephanie Lewis, The Workplace Matters
Navigating the Litigation Process
– Dana Du Perron, The Workplace Matters
SCC Delivers Swift Victory For The BC Teachers’ Federation
– Jill Lewis, Labour of Law
WSIB Offset For Pre-Existing Condition: Thinking About Appealing?
– Peggy King, Labour of Law
Bill C-16: A Further Step towards Protecting Transgender Canadians
– Karine Dion, Labour of Law
Employment Contract Deemed Void Ab Initio for Failing to Account for Hypothetical Severance
– Sean Bawden, Labour Pains
When is Change Constructive Dismissal?
– Ella Forbes-Chilibeck, Forbes-Chilibeck Employment Law
Family Law
Stepping Through Family Law Procedure
– Erin Kelley, Labour of Law
Imputing Income in Support Cases
– Mary Cybulski, Burke-Robertson LLP
General Interest
Tracking legal need in very small areas with the Legal Health Check-Up
– Dr. Ab Currie, Legal Aid Ontario
Immigration Law
U.S. Immigration to Canada: Strength and Opportunity through Diversity
– Warren Creates & Adam Sadinsky, Perley-Robertson, Hill & McDougall LLP
IP & Copyright Law
Life-threatening Heart Ailment? No Problem, Just Invent the Solution!
– Adam Tracey, IP@nelligan
CIPO Trademark Practice Update – Descriptiveness and Place of Origin
– Adam Tracey, IP@nelligan
Outlines of Oral Arguments in Access Copyright Judicial Review of Copyright Board K-12 Decision
– Howard Knopf, Excess Copyright
Blacklock’s Fails in Copyright Litigation Against the Government of Canada – Fair Dealing is Upheld and Even Extended
– Howard Knopf, Excess Copyright
Blacklock’s – The Costs Submissions
– Howard Knopf, Excess Copyright
Hellyer et al v. Right Honourable Justin Trudeau et al T-1789-16 re CETA Challenge Statement of Claim
– Howard Knopf, Excess Copyright
Judicial Review of Access Copyright K-12 Tariff to be Heard November 22, 2016 in Ottawa
– Howard Knopf, Excess Copyright
Astrazeneca, Eli Lilly, the Supreme Court of Canada, NAFTA & a Rogue Elephant – Tomorrow Promises to be an Interesting Day
– Howard Knopf, Excess Copyright
Amounts Paid to Access Copyright by 37 Canadian Universities from 2011 to 2015, including Average Amounts per FTE
– Howard Knopf, Excess Copyright
Marketing Law
Advertising – Can they really say that?! Advertising self-regulation in Canada – Part 2
– Mary G. Griffith, Maclaren Corlett
Practice Management
We All Need Assistants and Assistance
– Gordon B. Greenwood, Maclaren Corlett
Privacy & Security Law
Lessons Learned: E-Learning Company Faces $50,000 Spam Fine
– Margot Patterson, Privacy and Cybersecurity Law
The New Abnormal Normal For The Canadian Security & Intelligence Community With…President Donald J Trump
– Craig Forcese, National Security Law
Streamlined Anti-Terror Investigations: Quick Notes On The UK Experience
– Craig Forcese, National Security Law
Many Shades Of Secrecy: Challenges And Conundrums In The World Of Canadian National Security Secrecy
– Craig Forcese, National Security Law
CSIS And The Metadata Muddle Pt 1: What Is This Case Really About?
– Craig Forcese, National Security Law
CSIS And The Metadata Muddle Pt 2: On Secret Law, Courts And The Rule Of Law
– Craig Forcese, National Security Law
CSIS And The Metadata Muddle Pt 3: Politics, Small And Big “P”
– Craig Forcese, National Security Law
Real Estate Law
Three New Government Rules & Tax Changes For Home Buyers and Sellers
– Michael Abrams and Jennifer Cox, Startup.Buildup.Sellup.
Sports Law
Sports & Law – 3rd Period in the Game of Advertising and Marketing
– Gordon B. Greenwood, Maclaren Corlett
Wills & Estates Law
Changes to Taxation of Life Insurance Impacts Estate Planning
– Lawrence Silber and Jennifer Cox, Startup.Buildup.Sellup.
Powers of Attorney – Gifts and Loans to Friends and Relatives and Charitable Gifts
– Michael A. Chambers, Maclaren Corlett
What Does The Duty to Account Entail?
– John Peart, Wills and Estates Law Blog
We include recent posts and articles that are of substantive value to the legal community. Did we miss one? Let us know!