Ottawa Blog Roll: January 2020

Please find below links to a selection of recent blog posts or articles authored by the Ottawa legal community in January.

Civil Litigation

Changes to the Rules of Civil Procedure in Ontario
– Chloe Waind, Merovitz Potechin LLP

Ontario introduces amendments to simplified procedure – What does this mean for insurers?
– Jordan Wright & Cassandra Khatchikian, Gowling WLG

Consider Yourself Warned the Next Time you Lace Up Your Skates
– Michael Beeson, Low Murchison Radnoff LLP

Condominium Law

Status Certificates – A Checklist of Legal Considerations
– James Davidson, Davidson Houle Allen LLP

Alberta Court Orders Removal of Dog from Condominium
– Mohiminol Khandaker, Davidson Houle Allen LLP

Water Damage Flow Chart
– James Davidson & Nancy Houle, Davidson Houle Allen LLP

Mould in a Unit – When Is a Condominium Corporation Responsible?
– James Davidson, Davidson Houle Allen LLP

Chargebacks for Enforcement Costs – What Now?
– James Davidson, Davidson Houle Allen LLP

Second-Hand Smoke – What Are the Rights and Obligations?
– James Davidson, Davidson Houle Allen LLP

The Crisis in Condominium Insurance
– James Davidson, Davidson Houle Allen LLP

Condos Must Notify Owners Before Commencing Lawsuits 2.0
– Rod Escayola, Condo Adviser

Condos Must Act Reasonably When Imposing a Section-98 Agreement
– Graeme Macpherson, Condo Adviser

Condos Must Act Reasonably When Seeking Compliance
– David Plotkin, Condo Adviser

Condos Cannot Lien the Cost of Seeking Compliance
– Rod Escayola, Condo Adviser

The Condo Forms Have Moved !! Find Them Here!
– Rod Escayola, Condo Adviser

Construction Law

Regulatory changes for Ontario’s construction and environmental sectors
– Roxie Graystone, Merovitz Potechin LLP

Corporate Commercial Law

Incorporation for Real Estate Agents
– Jade Renaud, Mann Lawyers

Judicial Update – Bond Design Build Inc. v Wellings of Stittsville Inc.
– Christine A. Powell & Crystal McConkey, Soloway Wright

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2019 Clawbies: Canadian Law Blog Awards Winners!

Happy New Year! We can’t believe it’s 2020 already.

With the new year brings a new round of winners for the Clawbies, the Canadian Law Blog Awards! It’s evident from the blog roundups we do every month that we have a ton of extraordinarily talented bloggers, podcasters, videographers, and more in the Ottawa region, and we’re extremely happy to see that many of them were recognized for all their hard work in this year’s awards. We’re very happy our CCLA newsletter got a shoutout as well!

Congratulations to the following Ottawa-area winners!

You can find a list of all winners and descriptions of their work at the Clawbies.ca. We look forward to seeing more Ottawa lawyers and legal professionals join the fray in 2020!

 

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

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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!

 

 

Ottawa Blog Roll: July-August 2019

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

Civil Litigation

Cleanup in Aisle 5: Recent Occupiers’ Liability Cases at Commercial Establishments
– Ashley Bennett & Caleb Timmermann, Soloway Wright LLP

Condominium Law

What Would I Change About Condo Law?
– James Davidson, Davidson Houle Allen LLP

Do Condos Have a Duty to Accommodate Disabled Residents?
– Kelli-Anne Day, Chuck Merovitz & Bram Potechin, Merovitz Potechin LLP

Court Upholds Condo Smoking Ban
– Rod Escayola, Condo Adviser

Can Condos Reimburse Budgetary Surpluses to Owners?
– Rod Escayola, Condo Adviser

Condos Must Step in When an Aggressive Owner Goes Too Far
– Rod Escayola, Condo Adviser

Are your Condo Fees Too High?
– Rod Escayola, Condo Adviser

An Update on Annual Fire Code Testing
– Andrea Daly, Davidson Houle Allen LLP

Can New Condominium Corporations Get Out of Their Cost-Sharing Obligations for Shared Facilities?
– David Lu, Davidson Houle Allen LLP

Email Messages Are Not Condominium Records
– James Davidson, Davidson Houle Allen LLP

Owners Are Not Entitled to Email Addresses of Other Owners
– James Davidson, Davidson Houle Allen LLP

Gender Inclusivity
– James Davidson, Davidson Houle Allen LLP

A Condominium Corporation’s Access Rights
– James Davidson, Davidson Houle Allen LLP

Construction Law

Bonding with the Queen over construction projects
– Louis-Pierre Grégoire, Gowling WLG

ADR Chambers Appointed Authorized Naming Authority
– David Contant, Nelligan O’Brien Payne

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Ottawa Blog Roll: May-June 2019

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

Continue reading

Ottawa Blog Roll: April 2019

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

Civil Litigation

When is it too late to sue for debt owing on multiple issued invoices?
– Sarah Macaluso, Merovitz Potechin LLP

Parental Waivers for Children’s Activities – Are they valid?
– Michael Brown, Merovitz Potechin LLP

Condominium Law

When Neighbourly Disputes Get Out of hands
– Rod Escayola, Condo Adviser

Should Condo Owners Vote on Changes to Common Elements?
– Rod Escayola, Condo Adviser

Soliciting Proxies: Can Condominium Managers Do It?
– Melinda Andrews, Davidson Condo Law

Privacy and the Common Elements: Are Police Surveillance Cameras Allowed on Condominium Property?
– James Davidson, Davidson Condo Law

Criminal Law

Ontario’s Legal Aid Cuts: David vs Goliath
– Michael Spratt, Abergel Goldstein & Partners LLP

Wilson-Raybould Was Not Wrong to Record Wernick’s Call
– Michael Spratt, Abergel Goldstein & Partners LLP

April 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

Employee Entitled to Vacation Pay on “Discretionary” Bonus
– Sean Bawden, The House Work Blog

Medical Cannabis and Safety-Sensitive Jobs: Where can Employers Draw the Line?
– Andrew Vey, Vey Willetts LLP

Arbitrator reinstates locomotive engineer fired for drinking whiskey on the job
– Paul Willetts, Vey Willetts LLP

Bill 66 becomes law, changing overtime and union representation of some employees in construction
– André Poulin-Denis, Gowling WLG

Food & Beverage Law

Blockchain: An innovative tool for keeping the global food supply chain safe and ethical
– Stephen A. Pike, Shaela W. Rae & Filip Hrga, Gowling WLG

Naturally complicated
– Ronald L. Doering, Gowling WLG

IP & Copyright Law

Data protection in Canada: The six-month pediatric extension
– Cole Meagher & Jenny Thistle, Gowling WLG

New Streamlined System for Remedying Double Patenting is on the Horizon for Canada
– Wendy Lamson, Perley-Robertson, Hill & McDougall LLP/s.r.l.

What Could Possibly Go Wrong with the Government’s Proposed Regulations re Time Limits at Canada’s Copyright Board?
– Howard Knopf, Excess Copyright

The Copyright Board’s “New Leaf”? Not So Much and Not at All
– Howard Knopf, Excess Copyright

The Toronto Real Estate Board is Back in the Copyright News
– Howard Knopf, Excess Copyright

Access Copyright Proposed Tariffs: Is the Copyright Board Turning Over New Leaves?
– Howard Knopf, Excess Copyright

Practice Management

How to make less money
– Jordan Furlong, Law21

The future of law, maybe
– Jordan Furlong, Law21

Privacy Law

Federal Privacy Commissioner proposes a complete reversal of its longstanding approach to data transfers, including cross-border transfers
– Multiple authors, Gowling WLG

Security Law

Attorney General Independence: The Forgotten Basford Standard and its National Security Nexus
– Craig Forcese, Intrepid

Testimony: Professor Michael Nesbitt on Bill C-59 in Senate
– Michael Nesbitt, Intrepid

Testimony: Professor Leah West on Bill C-59 in Senate
– Leah West, Intrepid

Trade Law

Steel Safeguards: The First Test of Canada’s Membership in the Alliance for Multilateralism
– 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!

Ottawa Blog Roll: March 2019

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

Bankruptcy & Insolvency Law

Are Licensed Insolvency Trustees Liable for Complying with Environmental Cleanup Orders?
– Merovitz Potechin LLP

Civil Litigation

Is there a tort of harassment in Ontario? ONCA says “no, but maybe, but probably not, so yeah…” 
– Andrew Montague-Reinholdt, Nelligan O’Brien Payne

Condominium Law

Soldier Ordered to Take Down Canadian Flag from Condo Unit
– Rod Escayola, Condo Adviser

Court Approves a Borrowing By-law Despite the Absence of a Majority Supporting it
– Rod Escayola, Condo Adviser

Must Condos Making Renovations Implement Accessibility Measures?
– Graeme Macpherson, Condo Adviser

Do Police Need a Warrant to Investigate on Common Elements (Part I)
– Rod Escayola, Condo Adviser

Ontario Condominium Status Certificates
– Merovitz Potechin LLP

Flagging Issues on the Common Elements
– Christy Allen & Andrea Daly, Davidson Condo Law

Costs, Costs, Costs… Another Court Decision Considers Recovery of Legal Costs
– Jessica Weick & Cheryll Wood, Davidson Condo Law

Corporate Commercial Law

International transactions: Consumer contracts Q&A Canada
– Multiple Authors, Gowling WLG

International transactions: Agency Q&A Canada
– Multiple Authors, Gowling WLG

For Whom the Limitation Period Tolls: Agreements under Section 11 of the Limitations Act
– Alexander Bissonnette, Mann Lawyers

Criminal Law

March 2019 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

MCLNugget: Montesano ONCA
– Dallas Mack, Mack’s Criminal Law

SNC-Lavalin Affair Raises the Issue of the Role of Former Judges
– Michael Spratt, Abergel Goldstein & Partners LLP

Gerald Butts’ Quarrel with Jody Wilson-Raybould’s Evidence Falls Short
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Ontario superior court confirms that frustration of contract is a two-way street
– Andrew Vey, Vey Willetts LLP

Hi. I have some news.
– Sean Bawden, Labour Pains

Employer Entitled to Return of Severance Payment After Discovering Misappropriation of Funds
– Sean Bawden, The House Work Blog

Frustration Does Not Require an Act of an Employer
– Sean Bawden, The House Work Blog

Inability to Measure and Manage Risk of Harm Created by Cannabis Use Constitutes Undue Hardship: NFLD Supreme Court
– Sean Bawden, The House Work Blog

Did the WSIB get the memo on marijuana?
– Jim Anstey & Peggy King, Nelligan O’Brien Payne

Government Affairs 

Ontario government announces plans for centralized procurement
– Multiple authors, Gowling WLG

IP & Copyright Law

Keatley v. Teranet: Land Surveys, the Law of the Land and Access to Justice – The Supremes will Have Their Hands Full but will They Have Everything they Need?
– Howard Knopf, Excess Copyright

The WIPO Broadcasting Treaty – A Solution in Search of a Problem?
– Howard Knopf, Excess Copyright

Update on Access Copyright Proposed Post-Secondary Educational Tariffs: 2011 – 2013 and 2014 – 2017
– Howard Knopf, Excess Copyright

Competition Bureau releases 2019 Intellectual Property Enforcement Guidelines
– Cole Meagher & William S. Foster, Gowling WLG

There and Back Again – Protective Agreements in the Federal Court
– Alexander Camenzind & Ben Pearson, Gowling WLG

Marketing Law

The Influence of Underage Influencers
– Mary G. Griffith, Maclaren Corlett

Practice Management

The moral issue here
– Jordan Furlong, Law21

The next top model: Law firm edition
– Jordan Furlong, Law21

Tax Law

Budget 2019: Positioning for a fall election
– Multiple authors, Gowling WLG

 

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!

Cool Tools: Tiny Scanner

This post was written by Dorota Turlejski from the CCLA Technology Committee.

Tiny Scanner

Cost: free (with option for upgrade for $4.99)

Features/ uses: Scanner “on the go”

Category: Document management, Collaboration, Document storage, Transaction Management

Where to find: search for “Tiny Scanner” in the Apple Store if you have an iPhone, and Google Play if you have an Android.

Apple icon:                            Android icon:

 

 

 

 

 

 

This app turns your Android or iPhone/iPad into a portable document scanner, meaning that you can travel and scan without having to bring a very heavy scanning machine along with you! This can be very useful because taking photos with your phone does not provide the clarity and resolution you may need.

The app is password-protected and it auto-adjusts the images scanned in (because there is no feeder to flatten paper out), in order for them to appear as if they came from an office-size scanner.

You can set the app to automatically upload the documents into your Google Drive or you can e-mail and fax documents straight from the app, wherever you are.

For example, you go see your client outside the office to have them sign an agreement.  You can provide your client a copy of the signed agreement as soon as it is executed.  You take the signed document, scan the pages and e-mail it straight from your phone/tablet to your client.  In the meantime, an electronic version is stored in your Drive so that you don’t have to ask your assistant to scan the documents in when you go back to the office.

The main value-added of the app is that it produces documents looking like scanned documents and not like images taken with a phone.  The app is indispensable for lawyers working from home or sole practitioners who spend a lot of time on the road and not much time in the office.

It is not efficient to use Tiny Scanner to scan very large volumes of paper.  A self-feeding scanner would be more appropriate.  For the majority of paperwork, up to 30 pages a document, Tiny Scanner is a great solution.