Recently Published Ottawa Decisions

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

Family Matters

Bloom v. Bloom (2017 ONSC 6555)
spousal support — income — variation — marriage — separation
Justice J. Audet

Makdissi v. Masson (2017 ONSC 6498)
children — extraordinary expenses — income — tuition — postsecondary
Justice C. MacLeod

Jones v. Jones (2017 ONSC 6496)
matrimonial home — value — separation — property — marriage
Justice P. Roger

M.D. v. A.C. (2017 ONSC 6260)
marriage contract — spousal support — draft — financial disclosure — indicated
Justice T. Engelking

Civil Matters

Loy-English v. The Ottawa Hospital et al. (2017 ONSC 6533)
medical actions — intervene — solicitors — proceeding — negligence
Justice C. Hackland

7321201 Canada Ltd. v. Intact Insurance Company (2017 ONSC 6480)
independent adjuster — building — motion to set aside — email — settlement proposal
Justice S. Corthorn

Mahmood Wali Mahmad v. Ottawa Police Services Board et al. (2017 ONSC 6276)
without leave to amend — pleading — struck — otions — strike
Justice M. O’Bonsawin

Eliot Shore v. Capital Sports Properties Inc. et al. (2017 ONSC 6271)
pleading — without leave to amend — otions — strike — controversy between the litigants
Justice M. O’Bonsawin

MNP Ltée. v. Armorer (2017 ONSC 6268)
fees — partnership assets — proceeds of the liquidation — stakeholders — amount
Justice R. Beaudoin

Criminal Matters

R. v. Sharmake Egueh (2017 ONSC 6293)
sureties — must — victim — bail — conditions
Justice M. O’Bonsawin

R. v. Ader (2017 ONSC 6263)
contested information — disclosure — receive a fair — adjournment — defence
Justice R. Smith

R. v. J.O. (2017 ONCJ 704)
apartment — mug — elevator — video — consenting
Justice P. Doody

Ottawa Blog Roll: October 2017

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

Civil Litigation

Court of Appeal Gives Thumbs Down to Dog Bite Plaintiff
– Mitch Kitagawa and Joshua Vickery, Kelly Santini LLP

License suspensions mulled for distracted driving in Ontario
– Quinn Thiele Mineault Grodzki LLP

Insurers Not Obliged to Advise Insured of Appeal Deadlines
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

The Forms Under the New Condo Act Are Out!
– Jocelyn Duquette, Condo Adviser

Condo Managers will be Required to Provide Police Record Checks
– Rod Escayola, Condo Adviser

Condo Learning this Month – Learning and Networking Opportunities
– Rod Escayola, Condo Adviser

Important Court Decision About Recovering Costs From Owners
– James Davidson, Davidson Houle Allen LLP

Changes Are Almost Here…Important Dates To Keep In Mind
– Cheryll Wood, Davidson Houle Allen LLP

Appeal Court Confirms Owner’s Obligation to Prove Case When Challenging Lien
– Victoria Craine, Davidson Houle Allen LLP

Examination of Records – Do Condominium Owners Need a Proper Reason?
– James Davidson, Davidson Houle Allen LLP

Corporate Commercial Law

Amendments to the Ontario Corporations Act
– Paul Franco, Mann Lawyers LLP

Support for Small Cideries in Ontario – An Overview of the 2017-2018 Small Cidery Program Guidelines
– Paul A. Lalonde, Perley-Robertson, Hill & McDougall LLP/s.r.l

Criminal Law

Limited Use Doctrine Defined…Again
– Dallas Mack, Mack’s Criminal Law

Effective Assistance – Tactical Dispute
– Dallas Mack, Mack’s Criminal Law

October 2017 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Liberals Break Two and a Half Promises with New Pot Laws
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Scissors Beat Paper; Statutes Beat Scissors: Severability Clauses Can’t Fix Illegal Termination Provisions
– Sean Bawden, Labour Pains

Bad faith dismissal: is medical evidence required to prove damages?
– Andrew Vey, Vey Willetts LLP

North v. Metaswitch Networks: Ontario’s Top Court Confirms the Correct Approach to Employee Severance
– Paul Willetts, Vey Willetts LLP

#MeToo: Workplace Harassment
– Megan Cornell, Momentum Law

Indigenous Law

Federal vs Provincial – Whose Legislative Authority Is It Anyway?
– Michel Nolet, Nelligan O’Brien Payne

IP & Copyright Law

Toronto Neighbourhood Heats Up Over Copyright Battle
– Adam M. Tracey, Nelligan O’Brien Payne

Submissions Posted on Canada’s Copyright Board – the Consultation Process
– Howard Knopf, Excess Copyright

Proposed Amendments to the Canadian Patent Rules
– Solomon Gold, Perley-Robertson, Hill & McDougall LLP/s.r.l

Practice Management

Changing the lawyer assessment system
– Jordan Furlong, Law21

Diversonomics | Season 2 Episode 4 – Re-training the brain (Pt 1): The road to work after concussion
– Roberto Aburto & Sarah Willis, Gowling WLG

Diversonomics | Season 2 Episode 5 – Re-training the brain (Pt 2): Employee-employer dynamics when dealing with concussion
– Roberto Aburto & Sarah Willis, Gowling WLG

Real Estate Law

Decreased rental real estate following new rent controls
– Merovitz Potechin LLP

 

We include recent posts and articles that are of substantive value to the legal community. Did we miss one? Let us know!

#ThrowbackThursday: Happy Birthday, CBC!

I can’t be the only person who sees reference to an old piece of legislation and then wants to look it up for themselves. When I saw today’s date – November 2 – listed as parliament passing the Canadian Broadcasting Act, I immediately jumped over to HeinOnline to look at the statute from the source law. I was disappointed to see that this information was a bit misleading – The Canadian Broadcasting Act, 1936 was assented to in June 1936.

Page one of SC 1936 c. 24. (If you’d like a copy of the whole act, let us know!)

The CBC did, however, go live to air on November 2, 1936, replacing its predecessor the Canadian Radio Broadcasting Commission (which itself replaced CNR Radio). Two days after, on November 4, a formal welcome was given by CBC Chairman Leonard Brockington – you can listen to this 15 minute clip on the CBC Archives.

 

Lexis Advance Quicklaw: Upgrade to Finding the Halsbury’s Laws of Canada

If you’ve used Lexis Advance Quicklaw lately, you’ll notice a new feature to the home screen: the “Explore Content” box beneath the search bar.

 

 

This box is still new, and continued enhancements to it are sure to follow, but for now I think it’s a really great tool to highlight the Halsbury’s Laws of Canada, which are available within Quicklaw. The Halsbury’s series is a great introduction to many different legal topics, featuring titles by leading authors in their respective areas of law.

Prior to this new “Explore Content” box, finding the full set of the Halsbury’s was a bit difficult. Now, it couldn’t be easier. When you enter Quicklaw at the CCLA library on any of our public computers, the box will be almost at the top of the screen. Just click where it says Halsbury’s Laws of Canada

 

 

 

And you’ll be brought to a nice and tidy page containing a list of all of the  titles.

 

You can click on any of the titles in blue, and be brought to the table of contents for that book, as well as a search box that will search that title of Halsbury’s alone. As an example, here is the screen for the Halsbury’s Law of Canada – Aboriginal Law:

 

 

I love any feature that makes browsing available materials in a database easier, so this to me is a really great upgrade. Check it out next time you’re in the CCLA Library!