Recently Published Ottawa Decisions

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

Family Matters

Deneumoustier c. Jodoin (2018 ONCS 1450)
père — mère — pension alimentaire — école — garde
Juge M. Labrosse

Collins v. Nowosad (2018 ONSC 1977)
costs — litigation — reasonably have expected to pay — offer — child
Justice M. Linhares de Sousa

Clark v. Moxley (2018 ONSC 1948)
security for costs — strike — assignment in bankruptcy — cost — affidavit
Justice M. Labrosse

Verhey v. Verhey (2018 ONSC 1943)
after-tax benefit — spousal support — after-tax cost — midpoint — child support
Justice M. Shelston

Dulude v. Cordeiro (2018 ONSC 1849)
children — access — parent — supervised — weekend
Justice P. Kane

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Canadian Bar Review: Now Open Access

Yesterday’s post about CanLII now having law reviews recalls another news item from this month that you may have missed.

The Canadian Bar Association has recently made all of the past issues of the Canadian Bar Review available online and open access. To access past articles, no password, credit card, or anything else is required!

To check out the archive of the Canadian Bar Review, click here.

New on CanLII: Law Reviews

CanLII announced an exciting new addition to CanLII on Friday: law reviews! From their blog:

It has been a long term goal for us to have a substantial collection of legal commentary on CanLII, so we are thrilled to be able to tell you about an expansion of CanLII’s secondary sources section to include law reviews.

Law reviews are often the only place a particular topic is discussed, and they often provide insight into the law for a particular jurisdiction where no one else does that make them invaluable for research.

In addition to being able to navigate within the commentary section by law review and issue, results from law review issues will appear in your search results. If all you want to see is commentary, you can limit your search results by clicking on the “Secondary sources” tab.

We would like to thank the generous contributors of content that will help enrich CanLII as a legal research tool. Here are the law reviews that are participating in our initial launch of this project:

Alberta Law Review

Appeal: Review of Current Law and Law Reform

Canadian Bar Review (coming soon)

Canadian Journal of Comparative and Contemporary Law

Canadian Journal of Human Rights

Dalhousie Journal of Legal Studies

Justice As Healing (coming soon)

McGill Journal of Dispute Resolution

McGill Journal of Law and Health

McGill Journal of Sustainable Development Law

Ottawa Law Review

University of New Brunswick Law Journal (coming soon)

Currently we have loaded them back to 2015, but more law reviews and additional years of coverage will be added over time. If you edit or publish a law journal you’d like to see on CanLII, please feel free to contact us. We’d love to hear from you! (feedback-form@canlii.org).

Check out their law review coverage from the Law Journals page on CanLII. A heads up if you use the left sidebar on CanLII – to get to all of the secondary sources, including law reviews, the new heading is “CanLIIDocs.”

Recently Published Ottawa Decisions

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

Family Matters

Joachim v. Denis (2018 ONSC 1593)
youngest — access — disclosure — motion — children
Justice D. Summers

Sarmiento v. Ortiz (2018 ONSC 1669)
costs — cross-motion seeking to strike — offer — motion — recovery
Justice T. Engelking

Curry v. Curry (2018 ONSC 1667)
number of hours — expended — hour — behaved — bill of costs
Justice T. Engelking

Whitteker v. Legue (2018 ONSC 1557)
paternal grandparents — child — access — home — care
Justice D. Summers

Davis v. Davis (2018 ONSC 1537)
retroactive — arrears — income — child support — blameworthy
Justice T. Engelking

CAS v. C.L. (2018 ONSC 1565)
child — video — threshold reliability — statements — evidence
Justice J. Mackinnon

Bridge v. Laurence (2018 ONSC 1558)
motion — costs — surreality — overcomplicate — spousal
Justice C. MacLeod

Akkawi v. Habli (2018 ONSC 1446)
spousal support — income — equalization payment — offers — child support
Justice M. Shelston

De Riso v. Randazzo (2018 ONSC 1781)
children — income — school — custody — alternating
Justice T. Engelking

Civil Matters

Cohen v. Cohen (2018 ONSC 1613)
estate — consolidating — procedural motions — contracts — dependant’s relief application
Justice R. Maranger

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#ThrowbackThursday: Demolition Before and After

Things are really starting to take shape in Phase 1 of our renovations project. It’s remarkable how quickly walls go down, come back up, and completely change the look of the space. I have a couple of photos here from before, and the current state of affairs. I’ll also answer a couple FAQs down below!

Before:

Visitors to the library will, of course, recognize where the bathrooms were, the old hallway into legislation (or more accurately for many people, the way over to the lounge), and the inside of the copy room. These walls are mostly all gone now, except for that rounded bit of wall in picture two (take note of that – it’s a load-bearing pillar). Continue reading

Re-Ordered Procedure Titles

A quick note to mention that these two incredibly popular titles have recently been re-ordered and received in the library. If you would like to consult either of these books, please speak with a CCLA Library staff member. We’ve had to purchase these titles several times as other copies have gone missing, so we’d like to remind everyone that all books – even these – are for use in the courthouse only.

Image of "Ontario Courtroom Procedure" and "The Law of Civil Procedure in Ontario"

If you’d like to purchase copies of these for your own library, LexisNexis will gladly exchange your money for books. You can pick up the most current edition of these books at the following links:

Finding Bella Kealy

A few months ago, when reading the infamous “Blue Book” of CCLA History, I stumbled upon the bit about the first CCLA librarian. Her name was Bella Kealy (alternatively spelled Kealey, but Kealy seems to be the correct spelling), and it said:

The first County librarian was engaged in 1889. She was Miss Bella Kealy. The early minutes not only record and confirm her spinsterhood but also, by painfully slow degrees, the increases in her salary which started at $0.75 a day for each day’s attendance. The terms of her contract required that she attend in due time five days a week, starting ultimately at 9:00 in the morning and staying until 4:00 p.m. ‘”except during the sittings of the Court when she must remain until the Court rises.”

Immediately, I was intrigued. The old spinster cat lady librarian trope is well-worn, but for me, well-loved. “Confirmed spinster” Bella Kealy, what was her story?

Through the excellent newspapers.com (who are absolutely not paying me for this blog post – I just think it’s a splendid website), I was able to dig into this. I had spent some time looking at census records before, but somehow missed our Bella. Finding more about her in old news articles certainly helped.

From what I can piece together, Isabelle Kealy was born in Ottawa on June 15, 1875. Her father was Thomas Kealy, and her mother Mary (nee Kilt). They were a fairly traditional working class Irish Catholic family, from what the census records show: several children (most of whom lived to adulthood), and her father was listed as a carter (which, from the brilliant occupation naming conventions of old, meant he moved things around in a cart).

“Hold up, Jen,” you’re thinking. 1875? But she was hired in 1889? This has stymied me too, but unless the census is wrong, and the writing on her entry is quite legible, it looks like 1875 was indeed her birth year, making her 14 or so at that time. The 1881 census lists her birth date as considerably earlier, but from the 1901 census onward, she is listed as being born in 1875. If she was indeed older, and fudged the number for the census, the reason for that is lost to me (to history?) for now.

I’ve since gone back to the minute books to try and tease this out more, and from what I can gather, she actually started working, in some capacity, for the Association in 1888. I like to think she was a bookish and bright girl at the Rideau Street Convent, and someone-who-knew-someone-who-knew the Mother Superior asked them for someone to help straighten books and tidy up in the library.

As the minutes do confirm, she was offered her permanent position as librarian in 1891, though she had been working for the Association continually before then.

The news reports on her are scant for the next several decades. She was heavily involved in the Catholic community, serving on several boards and serivce groups.

I wish this story had a nicer ending than what I found online, but regretfully it doesn’t. On December 17, 1944, Kealy had a heart attack on her way to church. She was with one of her sisters, and brought immediately to a doctor, but unfortunately that wouldn’t be enough. Her funeral was held two days later, and from the news article, was well attended by judges and lawyers from the community. The paper describes her as the “librarian for Carleton County Law Association for many years,” which, if she was still employed at that time, and my math is right, means she worked for the association for 56 years. I would hope that would have earned her a 50 Years umbrella. The blue book confirms that “she served as County librarian for over 30 years” – her retirement date (were she so lucky to have had one) is currently unknown to me. A curiosity of our Association is we don’t always have the most complete set of records from the 20th century, so as time permits, and the record allows, I’d love to continue to dig more into our history (and perhaps close the loop on Kealy’s tenure here).

It is mind-boggling to me that we’ll be moving back into the newly renovated space some of the very books she acquired and processed over 100 years ago, but such is the unique beauty of a law library collection.  We plan to have a nice tribute to Isabelle Kealy in the library once we’re done renovations – but for more on that, you’ll have to wait and see!

Recently Published Ottawa Decisions

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

Family Matters

Seman v. Handl (2018 ONSC 1218)
father — costs — child in the school — legally aided — bad faith
Justice D. Summers

Menard v. Jodoin Feres (2018 ONSC 1320)
arrears — child support — tax — amounts — income
Justice T. Engelking

D.S.M. v. R.M.M. (2018 ONSC 1197)
spousal support — offer — child — settle — successful
Justice M. Shelston

CAS v. C.L. (2018 ONSC 1185)
child — request to withdraw — father — access — affidavit
Justice J. Mackinnon

CAS v. C.L. (2018 ONSC 1241)
child — necessity — interview — evidence — father
Justice J. Mackinnon
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FAMILY

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Recently Published Ottawa Decisions

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

Family Matters

Jones v. Jones (2018 ONSC 1069)
costs — favourable — partial indemnity — offer to settle — equalization
Justice P. Roger

Fortier v. Lauzon (2018 ONSC 946)
self-represented litigant — matrimonial home — rollover — costs — equalization
Justice M. Shelston

CAS (Ottawa) v. C.R. (2018 ONSC 911)
assessment — children — parenting — motion — ordered
Justice D. Summers

CAS (Ottawa) v. M.M. (2018 ONSC 786)
father — statements — child protection worker — hearsay — counsellor
Justice D. Summers

Civil Matters

Bouchard c. CECCE & Dupuis (2018 ONSC 1129)
dépens — offres — taux d indemnisation — transaction — écoles catholiques
Juge S. Gomery

Mississippi Valley Conservation Authority v. Mion (2018 ONSC 1114)
contempt — wetland — penalty — replant — fine
Justice R. Ryan Bell

Cahill v. Cahill (2018 ONSC 1059)
costs of the interpleader motion — solicitor-client account — partial indemnity — endorsement — disbursements
Justice S. Corthorn

Abou-Gabal v Merovitz (2018 ONSC 991)
bills — reissued — fees — special circumstances — accounts
Justice S. Gomery

Tesla Estate v. Tesla-Johnson (2018 ONSC 973)
estate — financial statements — notice of objection to accounts — general ledgers — passing
Justice R. Ryan Bell

Cornelis Grey Construction Inc. v. Folz (2018 ONSC 647)
homeowners — contractor — work — roof — contract
Justice C. MacLeod

Cimtel Inc. v. TSV Holdings Ltd. (2018 ONSC 894)
examination for discovery — corporate representative — personal knowledge — officer — reseller
Justice R. Ryan Bell

Bergeron v. Movati Athletic (Group) Inc. (2018 ONSC 885)
bonus — termination clause — employment — notice period — reasonable notice
Justice M. O’Bonsawin

Mesfin-Tesfaye v. Riverpark Place Retirement Residence (2018 ONSC 882)
duty of care — three-month probationary period — terminated — argues — license
Justice S. Kershman

Noreast Electronics Co. Ltd. v. Danis (2018 ONSC 879)
suppliers — invoices — injunction — evidence — accounts
Justice S. Gomery

Criminal Matters

R. v. Wilson (2018 ONSC 964)
dangerous offender — assessor — talk-talk-overs — proposed — gmail
Justice C. Hackland

Divisional Court Decisions from Ottawa Judges

Fernandes v. Darrigo (2018 ONSC 1039)
matrimonial home — motion — fresh evidence — child — best interests
Justices B. Abrams, W. Matheson, and R. Ryan Bell

Court of Appeal Decisions of Local Interest

R. v. Constant-Booth (2018 ONCA 154)
sentence imposed — unfit — serious — conviction — cowardly
Justices J. MacPherson, G. Huscroft, and G. Trotter

R. v. D.D. (2018 ONCA 134)
post-traumatic stress disorder — victim — offences — mental — mitigating
Justices K. Feldman, D. Brown, and J. M. Fairburn

Lee v. McGhee (2018 ONCA 128)
drafted — amend — bring it within the jurisdiction — solely — redress
Justices K. Feldman, D. Paciocco, and J. M. Fairburn

Carleton Condominium Corporation 116 v. Sennek (2018 ONCA 118)
condominium corporation — vexatious litigant application — self-represented — proceedings — frivolous
Justices H. LaForme, P. Rouleau, and D. Paciocco

#ThrowbackThursday: Our Winter Olympics Appreciation Post

Readers, I hope you’ll forgive our non-legal related Throwback Thursday this week, as we head into the Winter Olympics. We simply can’t help ourselves around here: we love the Olympics. Winter or summer, it doesn’t matter. Brenda handled the summer Olympics a couple of years ago on the blog, and with the opening ceremonies tomorrow in Pyeongchang, I’m taking a look at the winter games today. Here are four big stories tied to today’s date from Canadian Winter Olympics history.

On this Day, 1948 (Ottawa Connection!): 70 years ago today was the closing of the 1948 Winter Olympics, held in St. Moritz, Switzerland. It was the first Winter Olympics held after WWII, and was where Ottawa figure skater Barbara Ann Scott won gold in the women’s competition. Two factoids on this skate: 1. The skating rink was outdoors (!), and during her skate a low-flying plane overhead (!!) caused some audio distraction; and 2: in 1948 there were no Zambonis, so she had to just skate around the chopped up ice from the hockey game the night before.

Here’s a video of her skate:

 

On This Day, 1998: On this day in 1998, Ross Rebagliati won the first ever gold in snowboarding at the Nagano Olympics. Now there’s your legal connection: remember everything that happened after that? You can find the Court of Arbitration for Sport decision on his case here.

 

On this day, 2002: 16 years ago today was the opening ceremonies of the Salt Lake City Games. Some of you may remember this as a games where both the Canadian Women’s and Men’s hockey teams won gold. There was one major news story, however, that dominated those games:

 

On this day, 2014: We’ll end on a happy note – the Dufour-Lapointe sisters! Who doesn’t love this story of the sisters winning Gold and Silver in the Ladies’ mogul event in Sochi?