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

Continue reading →

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 →

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!

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!

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

Bankruptcy & Insolvency Law

Government Student Loans and Bankruptcy in Canada
– Rob de Toni, Merovitz Potechin LLP

Condominium Law

Are Condominium Residents Entitled to Privacy on the Common Elements?
– Christy Allen, Davidson Condo Law

Restrictions on Condominium Bank Accounts? Here’s Our Take
– James Davidson, Davidson Condo Law

What Happens If You’ve Delayed In Bringing a Court Claim? Here’s a Case That You Should Know About
– Christy Allen, Davidson Condo Law

Refusing to Allow Modifications to Common Elements Can Amount to Oppression
– Jocelyn Duquette, Condo Adviser

Are Condo Owners Entitled to Access the Owners’ Email List?
– Rod Escayola, Condo Adviser

Court Orders Owner to Enter into a Section 98 Agreement
– Jocelyn Duquette, Condo Adviser

Disclosure Statements: Say it Right and Say it Clearly
– Graeme Macpherson, Condo Adviser

Constitutional Law

Limits to the Attorney General’s Discretion
– Delaney’s Law Firm

Construction Law

Ontario’s New Prompt Payment Regime
– Roxie Graystone, Merovitz Potechin LLP

Criminal Law

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

Contextualizing Privacy: The Supreme Court’s Decision In R V. Jarvis
– Anne Marie McElroy, McElroy Law

Remediation agreements and other recent developments in white collar crime
– Glen Jennings, Matthew Doak, & Reem Zaia, Gowling WLG

Employment & Labour Law

ONCA Upholds Termination for Just Cause of Fiduciary
– Sean Bawden, Labour Pains

Termination for “Cause” Provision Violates the ESA
– Sean Bawden, Labour Pains

OLRB Rules That When it Comes to Severance it’s Ontario-Based Operations Alone
– Sean Bawden, Labour Pains

Storing pornography on a work-issued laptop not “serious enough” to be cause for dismissal
– Paul Willetts, Vey Willetts LLP

Not Much to “Like”: Lessons from an Anti-Social Work Environment
– Paul Willetts, Vey Willetts LLP

Termination clause update: New developments concerning benefit continuation and just cause language
– Andrew Vey, Vey Willetts LLP

Ontario Announces Occupational Cancer Review
– Frank Van Dyke, Van Dyke Injury Law Blog

Federal government adopts “modern” labour standards
– André Poulin-Denis & Mark Josselyn, Gowling WLG

You Violated Employer Rules: Do You Still Need to Be Accommodated?
– Sean T. McGee, Nelligan O’Brien Payne

Changes to Labour Standards in Quebec – What Do You Need to Know?
– Lanise Hayes, Nelligan O’Brien Payne

Ontario’s Sex Education Curriculum: What Can the Law Do to Challenge a Government Policy Decision?
– Alayna Miller, Mann Lawyers

Matthews v Ocean Nutrition
– Nigel McKechnie, Mann Lawyers

Insurance Law

Travel Insurance: Are you covered?
– Najma Rashid, OTLA Blog

IP & Copyright Law

Canadian Trademark Changes – June 17, 2019
– Cynthia Mason, Momentum Law

Access Copyright v. York U – the Federal Court of Appeal Hearing is March 5 and 6, 2019
– Howard Knopf, Excess Copyright

“Reclaiming Fair Use” by Aufderheide & Jaszi – My Treat During Fair Use/Fair Dealing Week
– Howard Knopf, Excess Copyright

Piracy v. Privacy – The Federal Court Significantly Restores the Balance in Canadian Mass Copyright Litigation by Insisting on “Best Available Evidence”
– Howard Knopf, Excess Copyright

Access Copyright Post Secondary Tariffs – 2011-2013 & to 2014-2017 – Coming Soon to a Campus Near You?
– Howard Knopf, Excess Copyright

Blacklock’s, Spam, CRTC, and ATIP
– Howard Knopf, Excess Copyright

Benefits of industry group intervention in the Federal Court of Canada
– Marc Richard & Cole Meagher, Gowling WLG

Marketing Law

A New and Improved Advertiser Dispute Procedure by Ad Standards
– Mary G. Griffith, Maclaren Corlett

Practice Management

The price of collaboration
– Jordan Furlong, Law21

The reality of collaboration
– Jordan Furlong, Law21

The implications of crowdsourced justice
– Jordan Furlong, Law21

Law firms’ shopping mall problem
– Jordan Furlong, Law21

Security Law

Meng Extradition: What to Watch For
– Craig Forcese, National Security Law

Another Rule of Law Test in the Meng Extradition Matter
– Craig Forcese and Leah West, National Security Law

 

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!

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

Civil Litigation

Frivolous, Vexatious or Abusive Claims: The Ontario Court of Appeal Addresses Notice Requirements Under Rule 2.1.01 of the Rules of Civil Procedure – Shauna Cant, Mann Lawyers

Clean Hands in Real Estate Disputes (Nuisance and Trespass) – Patrick R. Simon, Vice & Hunter LLP

Ontario Automobile Insurance Reform – Edward Masters, Mann Lawyers

Specific Performance for Commercial or Investment Properties?: The Court of Appeal Clarifies – Alexander Bissonnette, Mann Lawyers

Condominium Law

Must Condos Include Materials in a Meeting Package if Owners Demand It? – Graeme Macpherson, Condo Adviser

Do Changes to the Condo Act Mean More Work for Lawyers? – Rod Escayola, Condo Adviser

Declaration vs Rules – James Davidson, Davidson Condo Law

More Perspectives on Short-Term Rentals Regulations – Andrea Daly, Davidson Condo Law

Tarion and the Dangers of the Conciliation Deadline – James Davidson, Davidson Condo Law

Correction: Although the Green Energy Act is Repealed, Condominium Obligations to Report Energy and Water Use Remain – David Lu, Davidson Condo Law

The Cost of Failing to Produce Records – Jessica Weick, Davidson Condo Law

Corporate Commercial Law

New Corporate Records Obligations Imposed on CBCA Corporations – Andre Martin, Mann Lawyers

Behind the corporate veil: New ownership record rules in Canada – Karen E. Hennessey & Shaela W. Rae, Gowling WLG

Criminal Law

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

Don’t Expect New Justice Minister to Deliver on Progressive Criminal Justice Reform – Michael Spratt, Abergel Goldstein & Partners LLP

The Presumption of Innocence is for the Court of Law, Not for Protecting the Reputations of the Powerful – Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Off-Key? The Boston Symphony and Gender-Based Equality in Pay – Paul Willetts, Vey Willetts LLP

Ontario Employment Standards Act Update: 2019 – Megan Cornell, Momentum Business Law

Arbitrator Orders Nurse Who Was Caught Stealing Narcotics to be Reinstated – Sean Bawden, Labour Pains

Have you been injured while insured under your employer’s group benefit policy, but only realized the extent of your injury once you were no longer an employee? – Amanda Le, Nelligan O’Brien Payne

Entertainment & Sports Law

Leaked nudes and talent morality clauses – A lesson for the digital age – Jahmiah Ferdinand-Hodkin, René Bissonnette & Scarlett Trazo, Gowling WLG

Family Law

Technology and Family Court…The Saga Continues – Jillian Allen, Fresh Legal

IP & Copyright Law

Blacklock’s Got Much of What it Wished For – For Now: Will This Be About “Be Careful What You Wish For”?” – Howard Knopf, Excess Copyright

My Brief to the INDU Committee re Copyright Revision & S.92 Review – Howard Knopf, Excess Copyright

Update on Blacklock’s Mega Motion of December 12, 2018 – Howard Knopf, Excess Copyright

Trade secret enforcement in Canada: How rights holders can secure justice – Michael Crichton & Will Boyer, Gowling WLG

Practice Management

Starting from scratch – Jordan Furlong, Law21

Regulatory Law

Does my food ad market to kids? Draft guidance on Bill S-228 – Megan Martins, Gowling WLG

Wills & Estates Law

Multiple Wills in Ontario: Re Milne Revisited – Yasmin M. Vinograd, Merovitz Potechin LLP

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!