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

Civil Litigation

“Justice Must be Seen to be Done”–Are LAT Decisions Truly Independent?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Must Condos Grandfather Cannabis Smoking When Adopting a Rule?
– Rodrigue Escayola, Condo Adviser

Smoking Cannabis in Condos is Not a Protected Human Right
– Rodrigue Escayola, Condo Adviser

Changes to the Smoke-Free Act Affecting Condos
– Rodrigue Escayola, Condo Adviser

Cannabis Rules: What Do Condo Owners Think?
– Graeme Macpherson, Condo Adviser

Coming to a Compromise: Condominiums, Cannabis, and Human Rights
– Nancy Houle & Andrea Daly, Davidson Houle Allen LLP

Criminal Law

Indigenous People And The Criminal Justice System: A Book Review
– Anne Marie McElroy, McElroy Law

October 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

With Bill C-75 Liberals Break Three Promises
– Michael Spratt, Abergel Goldstein & Partners LLP

Pot Pardons: My Choice is What I Choose To Do and If I’m Causing No Harm It Shouldn’t Bother You
– Michael Spratt, Abergel Goldstein & Partners LLP.

Kavanagh Confirmation Sows Decades of Judicial Distrust
– Michael Spratt, Abergel Goldstein & Partners LLP

The Liberals are All Vision, No Reform
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Open Letter Re: Bill 47 and Bereavement Leave
– Sean Bawden, Labour Pains

Court Invalidates Working Notice Period – Qualitative Component Absent
– Sean Bawden, Labour Pains

Court Says New Zealand Lamb Company’s Termination Clause Just Plain Baaa-d
– Sean Bawden, Labour Pains

Sweet Revenge: Business Ordered to Pay Children Minimum Wage for Selling Chocolates
– Andrew Vey, Vey Willetts LLP

Hit Rewind: Ford Government Reverses Bill 148 Changes to Ontario Employment Laws
– Paul Willetts, Vey Willetts LLP

Just cause for dismissal: context is key
– Andrew Vey, Vey Willetts LLP

When is Retraining a Reasonable Approach to Mitigating Loss of Employment?
– Paul Willetts, Vey Willetts LLP

Bill 47 – A Step Backward for Workers in Ontario
– Megan Fultz & Amanda Montague-Reinholdt, Raven Law

Addressing the Gender Wage Gap: The Pay Transparency Act
– Karine Dion & Paul Taylor-Sussex, Nelligan O’Brien Payne

Will They Believe Me? Workplace Investigations and Credibility
– Claire Kane Boychuk, Nelligan O’Brien Payne

Entertainment & Sports Law

Concerned about risk? #METOO : A Discussion on Civil Liability, Sports and the #MeToo Movement
– Jahmiah Ferdinand-Hodkin & Scarlett Trazo, Gowling WLG

An Intro to VR Legal Issues
– Edwards PC, Creative Law

Continue reading →

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

Civil Litigation

Ontario Laws Now Tougher on Careless Drivers Who Endanger or Hurt Pedestrians
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Another Court-Ordered Condo Unit Sale
– James Davidson, Davidson Condo Law

Municipal Elections: Can Condo Owners Post Electoral Signs?
– Graeme Macpherson, Condo Adviser

Is this Condo Rule Legal?
– Rod Escayola, Condo Adviser

Privacy or Transparency in Condos: What Info Should your Neighbour Get About You?
– Rod Escayola, Condo Adviser

Who Should Pay the Costs Incurred by the Corporation in an Application for Compliance?
– Cheryll Wood, Davidson Condo Law

Corporate Commercial Law

Update on Cannabis Retail Regulations
– Mark Asfar, Momentum Business Law

Employment & Labour Law

Today’s Tip for Making a Termination Clause Legally Binding: KISS
– Sean Bawden, Labour Pains

Changing One’s Mind about Retirement
– Sean Bawden, Labour Pains

Vicarious liability for the intentional torts of workers
– Mark Josselyn, Gowling WLG

Rights and Responsibilities of Ontario Restaurant Owners and Employees
– Paul Willetts, Vey Willetts LLP

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation
– Paul Willetts, Vey Willetts LLP

Do employees of an unlicensed cannabis dispensary have any rights?
– Megan Fultz, Raven Law

Does Making a Worker Don Risque Garb Violate Employee Rights?
– Vice & Hunter LLP

Is an Employer Required to Offer Alternative Employment Before Terminating an Employee?
– Michel Nolet, Nelligan O’Brien Payne

Family Law

Adoption and non-spousal relationships: Marta’s groundbreaking case
– Paul Taylor-Sussex, Nelligan O’Brien Payne

Indigenous Law

Kivalliq Hall designated as an Indian Residential School
– Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

ISPs Entitled to Compensation for Costs of Identifying Infringing Subscribers
– Julia Werneburg & Stéphane E. Caron, Gowling WLG

One-year anniversary of the CSP Regulations
– Alexander Camenzind, Gowling WLG

Notice or Norwich: Who foots the bill for identifying online infringers?
– Matthew Estabrooks & Graeme MacPherson, Gowling WLG

Rogers Wins in Supreme Court of Canada
– Howard Knopf, Excess Copyright

More On Mass Copyright Litigation in Canada – Part II
– Howard Knopf, Excess Copyright

American NAFTA Inconsistency Re Copyright Term Extension – And Why This Issue Matters Bigly & Involves Billions
– Howard Knopf, Excess Copyright

Practice Management

Diversonomics | Season 3 Episode 1 | The paradox of manning up: A deep dive into unconscious bias
– Roberto Aburto & Sarah Willis, Gowling WLG

How compensation plans are wrecking law firms
– Jordan Furlong, Law21

Real Estate Law

5 things commercial landlords should know about the new Construction Act
– Laurie J. Sanderson, Gowling WLG

Trade Law

Canada’s Trade Relationship With The USA Today: The Upside Down
– Richard G. Dearden, 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 August.

Civil Litigation

Ontario’s Alarming Spike in Transport Truck Collisions
– Frank Van Dyke, Van Dyke Injury Law Blog

Doing the Right Thing the Wrong Way
– Anthony McGlynn, Perley-Robertson, Hill & McDougall LLP

Condominium Law

Should Condo Owners be Allowed to Inspect Proxy Forms?
– Rodrigue Escayola, Condo Adviser

New Regulations Applicable to Condo Pools
– Jocelyn Duquette, Condo Adviser

2,000 Condominiums Have Yet To File Their Returns With The CAO!
– Melinda Andrews, Davidson Condo Law

Claim by Landlord Against Tenant For Unauthorized Airbnb
– James Davidson, Davidson Condo Law

Corporate Commercial Law

Cannabis Retail is Coming to Ontario
– Mark Asfar, Momentum Business Law

Criminal Law

August 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

HRTO creates new rule for employers regarding citizenship-based recruitment criteria
– Andrew Vey, Vey Willetts LLP

Assessment of Damages in Sexual Assault Cases
– Sean Bawden, Labour Pains

Managing Marijuana at Work
– Alayna Miller, Mann Lawyers

Do You Have to Put Up With “Locker-Room” Talk in the Workplace?
– Karine Dion, Nelligan O’Brien Payne

Denying Employees’ Benefits Based on Age is Discrimination and Unconstitutional
– Karine Dion, Nelligan O’Brien Payne

Family Law

Polyamorous relationships and the best interests of the child
– David Ang & Paul Taylor-Sussex, Nelligan O’Brien Payne

Health Law

Health Canada invites public comments on new post-market reporting regulations
– Ben Pearson & Karl Racine, Gowling WLG

Indigenous Law

Discrimination in Canada’s Prisons: Risk Assessment Tools and Indigenous Prisoners
– Natasha Chettiar & Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

Standard of Review: The Beginning of the End or the End of the Beginning?
– Howard Knopf, Excess Copyright

Will the Canadian Voltage Reverse Class Action Now Fizzle?
– Howard Knopf, Excess Copyright

More On Mass Copyright Litigation in Canada – Part I
– Howard Knopf, Excess Copyright

Practice Management

Partner succession and law firm ownership
– Jordan Furlong, Law21

Security Law

Canada’s Foreign Intelligence Desert
– Craig Forcese, National Security Law

Trade Law

Possible Canadian Safeguard Action Against Steel Imports: Steel Importers, Distributors Consumers and End-Users Should Take Action
– 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 July.

Condominium Law

New Tribunal Rules on Owners Accessing Condominium Records
– Rod Escayola, Condo Adviser

Should Condo Owners be Able to Get Information About Other Owners?
– Rod Escayola, Condo Adviser

Corporations Must Act Fast When Condo Owners Requisition a Meeting of Owners
– Rod Escayola, Condo Adviser

New Tax on Airbnb Rentals in Ottawa
– Christy Allen, Davidson Houle Allen LLP

Vexatious Litigant Not Precluded From Accessing Condominium Authority Tribunal
– Jessica Weick, Davidson Houle Allen LLP

Dispute Over Flower Box Leads to Expensive Litigation
– Jessica Weick, Davidson Houle Allen LLP

The Effect Of The New Construction Act On Condominiums In Ontario
– David Lu, Davidson Houle Allen LLP

Collecting Chargebacks Will Soon Become More Of A Challenge
– James Davidson, Davidson Houle Allen LLP

Construction Law

Construction Lien Act Amendments, Part 3 – Lien, Holdback, and Trust Rules
– Bryce Dillon & Keith Maclaren, Perley-Robertson, Hill & McDougall LLP/s.r.l.

What you need to know about the new changes to the Construction Lien Act
– David Contant, Nelligan O’Brien Payne

Corporate Commercial Law

Good Faith in Contractual Negotiations and Performance – Civil vs Common Law
– Robert Bissonnette, Mann Lawyers

Criminal Law

Full Disclosure: Setting The (Fictional) Record Straight
– Anne Marie McElroy, McElroy Law

July 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

AG Mulroney’s Big Debut is a Throwback Fail
– Michael Spratt, Abergel Goldstein & Partners LLP

On Gun Violence, Jim Watson and John Tory Shoot from the Lip
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Receipt of LTD Evidence of Frustration
– Sean Bawden, Labour Pains

The Right to Purreavement Leave in Ontario
– Sean Bawden, Labour Pains

Family Caregiver Leave in Ontario
– Sean Bawden, Labour Pains

Putting on the Brakes: Ontario courts are limiting the scope of post-dismissal mitigatory earnings
– Andrew Vey, Vey Willetts LLP

Ontario Court Creates New Protection for Complainants of Workplace Sexual Harassment
– Andrew Vey, Vey Willetts LLP

Family Law

Can an embryo be treated as “property”?
– Erin Lepine & Paul Taylor-Sussex, Nelligan O’Brien Payne

When will a court order “double dipping”?
– Daniel Duyvelshoff, Fresh Legal

Food & Beverage Law

Bait and switch? Incorporation by reference of front of pack labelling symbols
– Lewis Retik, Gowling WLG

Eat your cannabis and have it too: Edibles will present unique regulatory challenges
– Laura E. Gomez & Megan Martins, Gowling WLG

IP & Copyright Law

Tough break? KitKat and the fight over those four fingers
– Wing Yan & Paul Taylor-Sussex, Nelligan O’Brien Payne

Some Notes About Recent Developments at the Copyright Board of Canada
– Howard Knopf, Excess Copyright

Nice Classification in the Age of Globalization
– Kimberley Baillie, Gowling WLG

Land surveys: who owns the copyright?
– Paul Taylor-Sussex, Bryan Thaw, & Wing Yan, Nelligan O’Brien Payne

Food Delivery Apps – Good for Business?
– Paul Taylor-Sussex, Nelligan O’Brien Payne

Practice Management

The cause of, and solution to
– Jordan Furlong, Law21

Hope vs. experience in California
– Jordan Furlong, Law21

Who really owns your law firm?
– Jordan Furlong, Law21

Security Law

“9/11esque” Tweets and the Saudi Spat
– Craig Forcese, National Security Law

Oh, What Tangled Webs the CSIS Act Weaves: The Federal Court’s Latest Decision on CSIS’s Foreign Intelligence Mandate
– Craig Forcese, National Security Law

Threading the Needle: Structural Reform & Canada’s Intelligence-to-Evidence Dilemma
– Craig Forcese, National Security Law

Supreme Court

2018: The SCC mid-year review – How’s it going so far?
– D. Lynne Watt, Gowling WLG

Trade Law

Negotiation, Not Litigation is the Way to NAFTA Modernization
– 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 June.

Condominium Law

Turning a New Leaf: The Impact of the Cannabis Act on Condominiums
– Melinda Andrews, Davidson Houle Allen LLP

The Role Of The Meeting Chair
– James Davidson, Davidson Houle Allen LLP

Who Can Rely On A Status Certificate?
– James Davidson, Davidson Houle Allen LLP

Marijuana Is Close To Legalization In Canada: What Does This Mean For Ontario Condominiums?
– Melinda Andrews, Davidson Houle Allen LLP

Corporate Commercial Law

Court Overturns Decision and Rules that Promissory Note is a Security
– Paul Franco, Mann Lawyers LLP

Cannabis Legalization and Regulation- a comprehensive look at the Cannabis Act
– Mark Asfar, Momentum Law

Criminal Law

June 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Dear Doug Ford…
– Michael Spratt, Abergel Goldstein & Partners LLP

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

MCLNugget: Burke NLCA
– Dallas Mack, Mack’s Criminal Law

MCLNugget: WDAZ
– Dallas Mack, Mack’s Criminal Law

Employment & Labour Law

Sober, Safe and Productive Workplaces: Managing the Legalization of Recreational Marijuana
– Paul Willetts, Vey Willetts LLP

Keep the Receipts: Dismissed Employee awarded $45,000 for job search expenses
– Paul Willetts, Vey Willetts LLP

Holidays on Sunday
– Sean Bawden, Labour Pains

Under Arrest and Suddenly Unemployed: The Intersection of Criminal Law and Employment Law
– Sean Bawden, Labour Pains

Agreement to Provide Greater of Set Amount and ESA Minimums Legally Binding: ONCA
– Sean Bawden, Labour Pains

Employers’ Vicarious Liability for Sexual Assault
– Sean Bawden, Labour Pains

Entertainment Law

Broadcasters obtain injunction in bid to stem “emerging trend” of pre-loaded set-top boxes
– Margot Patterson, Entertainment & Media Law Signal

Family Law

Proposed Changes to the Divorce Act, Part 1
– Jennifer Reynolds, Fresh Legal

Proposed Changes to the Divorce Act, Part 2
– Jennifer Reynolds, Fresh Legal

Food & Beverage Law

Breaking: Canadian Food Inspection Agency publishes Safe Food for Canadians Regulations
– Lewis Retik, Gowling WLG

Indigenous Law

Marijuana In First Nations Communities – What Law Will Apply?
– Stéphane Sérafin & Paul Taylor-Sussex, Nelligan O’Brien Payne

IP & Copyright Law

Shire Defends Canadian VYVANSE® Patent against Apotex’s Impeachment Attacks
– Alexander Camenzind, Gowling WLG

Prior rights and registered intellectual property
– Multiple Authors, Gowling WLG

Unsettling Comments from the Ontario Courts re the Settled Law of Trademarks and Parallel Importation
– Howard Knopf, Excess Copyright

Security Law

Killing Canadians: Targeted Killing is No Longer Theoretical for Canada
– Craig Forcese, National Security Law

Trade Law

Last Call: Supreme Court Limits Interprovincial Trade in Alcohol 
– John Siwiec & Trent McBain, Perley-Robertson, Hill & McDougall LLP/s.r.l.

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 May.

Civil Litigation

Taking them at their word? The validity of verbal contracts
– Shauna Cant, Mann Lawyers LLP

What Is Being Done About Driver Inattention in Ontario?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

What do Condo Owners Think of Marijuana Legalization?
– Rodrigue Escayola, Condo Adviser

Mandatory Residential Tenancy Agreement Arriving for Residential Tenancies in Condominiums
– David Lu & Victoria Crane, Davidson Houle Allen LLP

The New and “Improved” Condo Proxy is Out!
– Rodrigue Escayola, Condo Adviser

The New(est) Proxy Form
– Christy Allen, Davidson Houle Allen LLP

Provincial Elections: What Are the Rules on Canvassing in Condos?
– Jocelyn Duquette, Condo Adviser

Improved rules to vehicle charging incentive programs in condos
– Merovitz Potechin LLP

Criminal Law

May 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Fit For The Pen
– Louise Tansey, Mack’s Criminal Law

Failing To Provide The Necessary Jury Instruction
– Louise Tansey, Mack’s Criminal Law

MCLNugget: Colling SCC
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Groia SCC
– Dallas Mack, Mack’s Criminal Law

MCLNugget: Wong SCC
– Dallas Mack, Mack’s Criminal Law

Corporate Get Out of Jail Free Card Buried in Omnibus Bill
– Michael Spratt, Abergel Goldstein & Partners LLP

Diab: A Broken Extradition System
– Michael Spratt, Abergel Goldstein & Partners LLP

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