Recently Published Ottawa Decisions

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

Family Matters

Boyer v Brown (2017 ONSC 501)
child support — evidence — impute income — expenses — motion
Justice L. Sheard

Gibeau v Parker and Rivard (2017 CanLII 2296)
costs — table child support — settlement — pay — successful
Justice M. Shelston

Bailliu v Chaloux (2017 ONSC 628)
spousal support — costs — offers to settle — lump — child support
Justice A. Doyle

Civil Matters

Walker v Hulse, Playfair and McGarry (2017 ONSC 358)
aggravated damages — termination — dismissal — deputy — distress
Justice R. Beaudoin

Soulliere (By his Guardian) v Intact Insurance (2017 ONSC 419)
structured portion of the settlement — non-structured portion of the settlement — draft — endorsement — payee
Justice S. Corthorn

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#ThrowbackThursday: Ottawa Public Library

There was an intriguing op-ed in the Ottawa Citizen this week regarding the hot-button issue of the location of a new Ottawa Public Library main branch. In a piece by architect Allan Teramura, the argument is made for building a new show-stopping library in Confederation Park (which, oh hey, is right across the street from the Courthouse!). I’m personally a huge fan of the current darling of the library world – the Halifax Public Library central branch, mentioned in the op-ed – and if we can have something of that caliber in our city, it would be truly exciting.

This lead me to thinking about the OPL main branch, and particularly what I had heard of but had never seen for myself – pictures of the previous main branch, which was a Carnegie library. Carnegie libraries were libraries built at the end of the 19th and beginning of the 20th centuries with money donated from Andrew Carnegie. If you’ve never heard of these, here’s the wiki (and with 125 built in Canada, there’s a decent chance there was a Carnegie library near you at some point! Here’s some more information on Canadian Carnegies specifically.). Ottawa’s Carnegie library was opened in 1906, at the same location as the current main branch, and this is probably my favourite picture of it:

Swoon! This blog post from Unforgotten Ottawa has a great collection of pictures, and a lot more information on this library, including why and when it was eventually replaced with the building we have today.

Lexis Advance Quicklaw Updates

If you use Lexis Advance Quicklaw at the CCLA Library (or any of the other Ontario courthouse libraries), you may be delighted to hear about some of the new content included in our subscription. As of the beginning of the year, we now have access to a considerable amount of international case law. Available at no additional cost to you, you can now download decisions from the following case collections:

  • All England Law Reports
  • Northern Ireland Law Reports
  • Scottish Civil Law Reports
  • European Court of Human Rights Cases
  • Australian Law Reports
  • New Zealand Law Reports
  • U.S. Decisions from the Supreme Court, Appeal Courts, and District Courts
  • And more!

As always, you’ll have to come into the library to make us of this subscription (no remote access, we’re afraid), or you can get in touch and we’ll see how we can help you remotely. Also, if you’d like some training on using Quicklaw (remember: there’s a new platform interface!), we’ll be holding a training session on March 22nd here in the library. You can RSVP for this free session at this link.

Recently Published Ottawa Decisions

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

Family Matters

Deslauriers c Pommainville (2016 ONCS 8149)
arbitrage — dépens — motion — école — garderie
Juge A. Doyle

Birkett v Love (2016 ONSC 8148)
income — mid-range of spousal support — company — variation — dividends
Justice A. Doyle

Deslauriers v Russell (2016 ONSC 7931)
offer to settle — three-hour questioning — costs — school — motion
Justice L. Sheard

Children’s Aid Society of Ottawa v J.S (2017 ONSC 108)
children — maternal grandparents — access — father — motion for summary
Justice M. Shelston

Tanner v Tanner (2016 ONSC 7182)
spousal support — pension — income — marriage — amount
Justice L. Sheard

Pitre v Lalande (2017 ONSC 208)
child support — income — share of post-secondary education expenses — amount — motion
Justice S. Corthorn

Pey v Pey (2017 ONSC 285)
security for costs — motion to vary — nonpayment — spousal — child support
Justice P. Kane

McCormick v Burns (2017 ONSC 289)
child support — university — arrears — student loan debt — adult
Justice P. Kane

Civil Matters

Heerkens v Lindsay Agricultural Society (2017 ONSC 240)
cross-motion for leave to amend — based in unjust enrichment — two-year limitation period — invoice — contract
Justice S. Corthorn

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#ThrowbackThursday: CCLA’s Anniversary Month

Happy new year, Ottawa legal community! We’re back on the blog, and for our first Throwback Thursday post of 2017, we’re looking at CCLA history. The CCLA has been around since 1888, and while the first meeting to discuss the formation of the association was actually held in December 1887, it was in the following month that we came into being! This year we celebrate being 129 years old (which, believe it or not, does not make us the oldest law association in the province!).

On the occasion of our 100th anniversary, a book was published detailing the history of our association. The following excerpt comes from this book:

On December 17, 1881, in the Lecture Room of the Literary Society of Ottawa, a meeting of local lawyers was held for the purpose of exploring the idea of establishing an association of the members of the practising Bar in the community similar to that in place in other cities. The meeting was chaired by the Honourable Mr. Justice W.A. Henry. The result was a neatly printed circular dates at Ottawa on the 4th of January, 1888 requesting the presence of members of the Bar at a meeting to be held in the same Lecture Room, 25 Sparks Street, Ottawa, on January 7, 1888 at 4:30 in the afternoon. The circular is reproduced for posterity.

“Ottawa, January 4th, 1888
Dear Sir,

At a meeting of the Members of the Bar, held on the 17th December, in the Lecture Room of the Literary Society, it was decided to organize a Bar Association for the County of Carleton, and a Committee was appointed for the purpose of making all necessary enquiries with respect to simiar associations in other cities and drawing the declaration and a scheme for organization for submission to a future meeting.

The Committee so appointed have prepared a scheme under the rules of the Law Society of Upper Canada for organization, and have drawn for approval and signatures, the declaration for registration under the Literary Associations Act, which it is intended to submit to the adjourned meeting to be held in the Lecture Room of the Library Society, 25 Sparks Street, on Saturday, next, the 7th January Instant, at 4:30 pm.

It is proposed to sign and complete the declaration at that meeting and to elect the Trustees who are to be the governing body of the Association, and whose names must appear in the declaration; and it is of the utmost importance for the future success of the Association that the meeting should be a general meeting of the Barristers and Solicitors of the City of Ottawa.

Your presence is respectfully requested at the above meeting on Saturday afternoon next at 4:30.

W.A. Henry (Justice Supreme Court), Chairman
R. Lees, Q.C.
W. Mosgrove
F.H. Chrysler
R.J. Wicksteed
G.M. Greene
G.E. Kidd
F. Bebbington, Secretary

The meeting took place and the minutes have survived. Details of the event were apparently of enough local interest to have appeared in the Ottawa Citizen the following Monday.

At the meeting it was resolved that an association composed of barristers and solicitors practising in the County of Carleton to be called “The County of Carleton Law Association” be established. The first trustees were the following: Robert Lees; Francis Henry Chrysler; John N. Greene; David O’Connor; William Mosgrove; John Alexander; Duncan Byron MacTavish; Napoleon A. Belcourt; and Francis Robert Latchford. It is a legitimate assumption that the trustees were a representative sampling of members of the practising Bar in Ottawa who numbered at the time approximately 60 souls.

From: David W. Scott, Q.C., “County of Carleton Law Association The Early Years: 1888-1920” in William C.V. Johnson, ed., The First Century: Essays on the History of the County of Carleton Law Association by Various Hands on the Occasion of the Association’s Centenary, 1888-1988 (Ottawa: Bonanza Press Ltd., 1988) 6.

Recently Published Ottawa Decisions

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

Family Matters

Daher v Khanafer (2016 ONSC 7666)
costs — bad faith — offers — custody — primary residence
Justice J. Mackinnon

Livingston v Kenward (2016 ONSC 7920)
income — child support — expenses — full-time student — will
Justice J. Parfett

Dahir v Soubaneh (2016 ONSC 8014)
access — custodial parent — child — visits — residence
Justice J. Blishen

Gaudreau v Poupart (2016 ONSC 7861)
valuations — offer of settlement — costs — privileged — scale of partial indemnity
Justice P. Kane

Brisebois v Agulu-kic-Otim (2016 ONSC 7729)
child support — unsupervised access — kic — therapy — undue hardship
Justice M. Labrosse

Zhao v Tong (2016 ONSC 8037)
overnight — interim — access — father — bedroom
Justice P. Kane

Boedeker v. Rainear (2016 ONSC 7834)
spousal support — agreement — material change in circumstances — towards self-sufficiency — review
Justice J. Mackinnon

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#ThrowbackThursday: CCLA Newsletter, December 15, 1986

Robeside Assistance readers, it’s been a terrific 2016. This will be our last blog post until the new year. I flipped through our old CCLA newsletters and was pleased to see that we had one written exactly 30 years ago today. It’s not the most thrilling of old newsletters, but some of you may enjoy taking a stroll down memory lane all the same. Have a wonderful holiday break, and we’ll see you in 2017!

 

news1 news2 news3

 

 

The 2016 Clawbie Awards: Our Nominees!

Clawbies Logo

It’s the most exciting time of the year for Canadian law blogs – the Clawbies! A quick recap: the Clawbies have been awarded each year since 2006 to Canadian law blogs for their work over the previous year. Nominations come from the blogging community itself, in posts like these or on Twitter (look for the hashtag #clawbies2016).

We’re super excited to name our three nominees for the Clawbies this year. We’ve kept in mind the key characteristics of a legal blog (practical, genuine, conversational, and improving the legal system), and we also wanted to pick some of our local favourites. We’re only allowed to pick three (but we love all of you, Ottawa, we promise!), so here they are:

 

Michael Spratt
Michael Spratt (Abergel Goldstein & Partners) / @MSpratt

We became huge fans of Michael’s work when he started doing episode recaps of the Netflix show “Making a Murderer” on his podcast The Docket.  As the old saying goes, come for the Wisconsin true crime, stay for the interesting, thoughtful, and provocative posts on the Canadian legal landscape.  Michael’s dedication to the criminal justice system inspires us, and his blog has become essential reading. 

Some of our favourite blog posts this year:

 

Labour Pains
Sean Bawden (Kelly Santini LLP) / @SeanBawden

Sean’s blog has been an inspiration to us for a long time. His analysis of recent labour and employment decisions and the ramifications for the reader as either an employer or employee are well written and incredibly useful. Also, we love a punny name (obviously). 

Some of our favourite blog posts this year:

 

Anne-Marie McElroy
Anne-Marie McElroy (McElroy Law) / @ammcelroy

When Brenda does her Ottawa Blog Roll posts, Anne-Marie’s posts are always among her favourites. Don’t tell the others, but this is the first blog name she yelled out when nomination time came! 

Some of our favourite blog posts this year:

 

 

Recently Published Ottawa Decisions

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

Family Matters

Kornienko v Walsh-Kornienko (2016 ONSC 7300)
access — e-mail — weekend — child — relocate
Justice L. Sheard

Abu-Zahra v Hendy (2016 ONSC 7244)
child — school — motion — costs — offer
Justice M. Shelston

Noble v Noble (2016 ONSC 7409)
father — matrimonial home — successful — co-operate — cost
Justice A. Doyle

Zigiris v Foustanellas (2016 ONSC 7528)
income — expenses — father — spousal support — child
Justice M. Shelston

Harit v Harit (2016 ONSC 7129)
father — costs — conference — indemnity — motion
Justice S. Corthorn

Lachapelle v Leblanc (2016 ONSC 7245)
spousal support — offer — successful — costs — custody
Justice M. Shelston

Charron v Carrière (2016 ONSC 7523)
payor — tax — lump-sum payment — spousal support — recipient
Justice A. Doyle

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#ThrowbackThursday: Holiday Social!

Holiday Party Flyer, 1986

 

I rubbed my hands together greedily when I saw this while flipping through our old CCLA newsletters. Tonight is our 3rd Holiday Social at the Knox Church (so you should come!), but this little gem is from our library and lounge drop-in in 1986. Please note: there will be no library orientation tours accompanying tonight’s festivities – just yummy eats, festive drinks, and live music!