Please find below links to blog posts or articles authored by the Ottawa legal community in May and June.
Civil Litigation
Provincial Trusts in a Bankruptcy
– Robert J. De Toni, Merovitz Potechin LLP
One Boating Accident, Two Insurance Policies. Which One Pays?
– Edward Masters, Mann Lawyers LLP
Service Mold + Aerospace Inc. v Khalaf: The Court of Appeal Reviews Partial Summary Judgment and Discoverability
– Alexander Bissonnette, Mann Lawyers LLP
Mason v Perras Mongenais: Partial Summary Judgment Revisited
– Alexander Bissonnette, Mann Lawyers LLP
Contingency Fees: Re-leveling the Playing Field
– Tara M. Sweeney, Soloway Wright
When Tenants Default: Considering the Options for Commercial Landlords
– Ryan Garrett, Soloway Wright
Condominium Law
Can Condos Prohibit Canadian Flags?
– Rod Escayola, Condo Adviser
Condos Must Notify Owners Before They Commence Lawsuits
– Rod Escayola, Condo Adviser
Can Owners Access Emails Exchanged Between Condo Directors?
– Rod Escayola, Condo Adviser
No Gender Parity on Condo Boards
– Rod Escayola, Condo Adviser
Do Police Need a Warrant to Investigate on Common Elements (Part II)
– Rod Escayola, Condo Adviser
Construction Law
A New Procedure for Lien Claims Against Municipalities
– Ron Petersen, Low Murchison Radnoff LLP
Non-Payment of Holdback Under the Construction Act
– Matthew Smith, Low Murchison Radnoff LLP
Corporate Commercial Law
Promotional and Problematic Disclosure
– Conor J. Cronin, Perley-Robertson, Hill & McDougall LLP/s.r.l.
Big Changes to Corporate Privacy
– Andre Martin, Mann Lawyers LLP
Bill C-86: Amendments to the CBCA
– Daniel J. Cherney, Soloway Wright
Criminal Law
An Overview Of R V. Barton
– Anne Marie McElroy, McElroy Law
May/June 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law
Doug Downey: Who is Ontario’s Newest Attorney General
– Michael Spratt, Abergel Goldstein & Partners LLP
Doug Ford’s Legal Aid Guarantee
– Michael Spratt, Abergel Goldstein & Partners LLP
MMIWG Report: Stop Your Conspiracy Theories – It Was Genocide
– Michael Spratt, Abergel Goldstein & Partners LLP
Take Your Stinking Paws Off the Justice System You Damn, Dirty Politicians
– Michael Spratt, Abergel Goldstein & Partners LLP
Employment & Labour Law
When Human Rights are at Risk: Examining Current Events in Quebec and Alberta and Considering the Landscape at Home in Ontario
– Alayna Miller, Mann Lawyers LLP
New Anti-Harassment Regime Coming to Federal Workplaces and Parliament
– Claire Kane Boychuk, Nelligan O’Brien Payne
Employee’s Attempt to Solicit Clients from Former Employer Proves Costly
– Paul Willetts, Vey Willetts LLP
Frustration of Contract Can be Resolved by Summary Judgment – Does Not Require A Trial
– Sean Bawden, Labour Pains
Court of Appeal Confirms it Can be Reasonable to Refuse New Employment if New Position is Not Comparable to Position Lost
– Sean Bawden, Labour Pains
Shareholders’ Agreement All That Matters For Shareholder Rights in Wrongful Dismissal Analysis
– Sean Bawden, Labour Pains
“Boomerang” Resignation Comes Back to Hurt Employee
– Sean Bawden, Labour Pains
ONCA says being being 62 y/o, 37 years employed, and a senior VP is NOT “exceptional circumstances”
– Sean Bawden, Labour Pains
When Too Many Principles Converge: The Decision in Ariss v. NORR Limited Architects
– Sean Bawden, Labour Pains
Workplace Assault Does Not Automatically Trigger Protections of Section 50 of OHSA: OLRB
– Sean Bawden, Labour Pains
Aggravated Damages Awarded for Heightened Frustration and Anxiety After Employer Fails to Investigate Workplace Harassment Allegations
– Sean Bawden, Labour Pains
Tort of Harassment Not Available in Ontario Employment Context
– Sean Bawden, Labour Pains
Peppercorns Still Valid Consideration for Fundamental Changes
– Sean Bawden, Labour Pains
Accommodating Breastfeeding at Work
– Colleen Hoey, Mann Lawyers LLP
Family Law
S.H. v. D.H. Revisted – Use of Embryos After Separation
– Alaina Woolfrey & Erin Lepine, Nelligan O’Brien Payne
Food & Beverage Law
Don’t be confused by “best before” and “packaging” dates
– Ronald L. Doering, Gowling WLG
Yes to edibles, not so fast to food companies
– Lewis Retik, Gowling WLG
Importing food from away
– Katrina Coughlin, Gowling WLG
IP & Copyright Law
The Eligibility Pendulum for Patents – Another Shift
– Adrian C. O’Donnell, Perley-Robertson, Hill & McDougall LLP/s.r.l.
Nice Classification says sayōnara to ookonomiyaki and other regional dishes
– Kimberley Baillie, Gowling WLG
Going Overboard on Overbreadth
– Alex Gloor & Alexander Camenzind, Gowling WLG
Practice Management
On Diversity In The Legal Profession
– Anne Marie McElroy, McElroy Law
Re-personalizing law firm culture
– Jordan Furlong, Law21
Practice Management — Mentoring (Part 1)
– K. Scott McLean, Mann Lawyers LLP
Privacy Law
Privacy commissioners release report on Facebook investigation, announce plan for court action
– Multiple authors, Gowling WLG
Real Estate Law
Super Priorities and Unpaid Taxes in Canada
– Michael Brown, Merovitz Potechin LLP
Security Law
Chain Reaction: Bill C-59’s Complicated Coming Into Force Rules
– Craig Forcese, Intrepid
National Security Transparency: The Problem of Secret Law
– Leah West, Intrepid
Privileging Secrecy: The CSE Act’s New Class Privilege – Part I
– Leah West, Intrepid
Privileging Secrecy: The CSE Act’s New Class Privilege – Part II
– Leah West, Intrepid
What’s In Your Apple Wallet? Border Searches of Electronic Devices
– Leah West & Craig Forcese, Intrepid
Trade Law
Canada Should Revisit Safeguard Measures on Stainless Steel Wire
– Gordon LaFortune, Canadian Trade Law Blog
Steel Safeguards: CITT Announces a Product Exclusion Process for Stainless Steel Wire and Heavy Plate
– Gordon LaFortune, Canadian Trade Law Blog
Canada’s Announced Support for its Steel Producers will hurt Canadian Steel Importers, Manufacturers and End-Users
– Gordon LaFortune, Canadian Trade Law Blog
We include highlights of recent posts and articles from Ottawa-area blogs that are of substantive value to the legal community. Did we miss one? Let us know!