Recently Published Ottawa Decisions

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

Family Matters

De Riso v. Randazzo (2018 ONSC 6378)
mid-week overnight access — costs — parenting — alternating — offer
Justice T. Engelking

Uwitonze v. Mugabarabona (2018 ONSC 6334)
family law litigation — context of the family — application — partition — motion
Justice S. Corthorn

Obregon v. Montgomery (2018 ONSC 6070)
restraining — access — temporary sole custody — supervised — sole custody of the child
Justice P. MacEachern

Gundersen v. Gundersen (2018 ONSC 6009)
garnishment — refiling — refund — income tax — costs
Justice T. Nieckarz

Leelaratna v. Leelaratna (2018 ONSC 5983)
father — therapeutic — counselling — access — child
Justice J. Audet

Casault v. McNally (2018 ONSC 5945)
father — expenses — child support — income — after-tax net childcare costs
Justice P. MacEachern

Civil Matters

Leopold Edwin Siberg v. Bruyère Continuing Care Inc. (2018 ONSC 6460)
motion — hospital — substantial indemnity scale — guardian — costs
Justice C. MacLeod

Daly Square Inc. v. 1786097 Ontario Inc. and Camille Mikhael (2018 ONSC 6404)
mortgage — damage — monitoring probe data — engineer — equitable
Justice H. Williams

Scullion v. Munro (2018 ONSC 6371)
valuation — companies — bonding — catch basin — shareholding
Justice C. Hackland

Continue reading

Newly Received Materials from LSO CPD

Below are some of the most recent CPD materials added to the library collection. Each title links to the book record where you can view more details and the full table of contents. All materials are available in print at the library, or if you’re interested in only a couple of articles, feel free to email us a request for a scanned copy.

Commercial Real Estate Transactions 2018 (September 20, 2018)

  • Due diligence concerns for the purchaser / Natalia Iamundo
  • Common limitations on liabilities in commercial real estate transactions / Patrick Gordon
  • Land transfer tax considerations for commercial transactions / Sherri Lavine
  • Special issues for specialty commercial real estate. Industrial leases for cannabis production facilities / Marco Gammone, Daniel Everall
  • Commercial condominium property – from a purchaser’s perspective / Odysseas Papadimitriou

Mortgage Enforcement Essentials 2018 (September 20, 2018)

  • Impact of the new jurisdiction rules of civil procedure / Cristina Internicola
  • Condominium liens, mortgages, and priority issues / Warren Kleiner ; assisted by Inderpreet Suri
  • Obtaining possession : dealing with tenants and other occupants / James Riewald, Amanda Jackson
  • Probing the depths of implied consent in mortgage matters : a discussion of PIPEDA and Royal Bank of Canada v. Trang / Shaun Brown

Administration of Estates 2018 (September 21, 2018)

  • Top 10 cases of 2017 & 2018 impacting estate trustee’s administration of the estate / Yasmin Vinograd
  • Legal issues around MAID in Ontario / Dirk Huyer, Edward Weiss
  • The administration of testamentary trusts – selected issues and considerations for trustees / Rahul Sharma, Jennifer A.N. Corak
  • Estate administration under the Indian Act : estates with foreign ties / Kimberly Thomas, Rachel L. Blumenfeld

New Titles – October 2018

Below is the full list of new texts to arrive at the CCLA Library. The 2019 editions of the Ontario Family Law Practice and the Ontario Civil Practice are now processed and ready for library or courtroom use. These are located in our Reserve collection, behind the front desk. Among the new texts, we also have Wigmore on Cannabis, for those that wish to learn more about the topic of the day!

2019 Annotated Crown Liability and Proceedings Act (Thomson Reuters)

2019 Annotated Ontario Education Act (Thomson Reuters)

2019 Annotated Tremeear’s Criminal Code (Thomson Reuters)

Aboriginal Law Handbook, 5th Ed. (Thomson Reuters)

Annual Review of Family Law 2017-2018 (Thomson Reuters)

Assisted Death: Legal, Social and Ethical Issues after Carter (LexisNexis)

Business Implications of Aboriginal Law (LexisNexis)

The Canadian Law of Mortgages, 3rd Ed. (LexisNexis)

Canadian Patent Law, 3rd Ed. (LexisNexis)

Challenging the Validity of Wills, Second Ed. (Thomson Reuters)

Chartes des droits de la personne, 31e éd. (Wilson & Lafleur)

Criminal Law, 7th Ed. (Irwin Law)

Drug-Impaired Driving in Canada (Irwin Law)

Government Lawyering: Duties and Ethical Challenges of Government Lawyers (LexisNexis)

A Guide to Consent & Capacity Law in Ontario, 2019 Ed. (LexisNexis)

Ontario Assessment Legislation, 2018-2019 Ed. (Thomson Reuters)

Ontario Civil Practice 2019 (Thomson Reuters)

Ontario Family Law Practice, 2019 Ed. (LexisNexis)

Ontario Summary Judgment – Civil and Family – 2018 (Thomson Reuters)

Ontario Superior Court Practice, 2019 Ed. (LexisNexis)

Racial Profiling and Human Rights in Canada (Irwin Law)

Stikeman Income Tax Act Annotated 2018, 64th Ed. (Thomson Reuters)

Wigmore on Cannabis (Irwin Law)

Recently Published Ottawa Decisions

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

Family Matters

Hourieh v. Roumieh (2018 ONSC 6076)
income — extraordinary expenses — child support — amount — provided
Justice P. MacEachern

Inthadeth v. Esford (2018 ONSC 6041)
child — parenting — alternate — weekend — access
Justice P. MacEachern

Aleswari v Awad (2018 ONSC 5985)
father — children — lawyer — behaviour — costs
Justice H. Williams

Boyd v. Boyd (2018 ONSC 5993)
sole custody — father — access — child — genuine issue requiring
Justice P. MacEachern

Mulloy v. Mulloy (2018 ONSC 5944)
vehicle — income — driver s license — date of separation — disclosure
Justice P. MacEachern

Continue reading

New Title: Government Lawyering

Every so often, a new book is published that seems like it was made for expressly for people in this library. When I was looking at new titles from LexisNexis, this one jumped out at me as something I needed to buy for us. If there’s a large population of lawyers anywhere that might be making the move into government, or are there already, Ottawa is it!

Government Lawyering: Duties and Ethical Challenges of Government Lawyers came out at the end of September, and will be available on our shelves soon. As far as I know, this is the only book specifically on this topic, so make sure to check it out!

#ThrowbackThursday: Criminal Law Conference 1988

So about today’s Throwback Thursday: our copy of the 1988 DCAO / CCLA Criminal Law Conference materials doesn’t have a conference program or agenda included. It’s a rather slim volume of materials, and it might actually be comprised entirely of re-prints of other articles and court filings. If we had a version of the agenda saved electronically from back then, we don’t anymore. So I went searching through our old newsletters, and at least found an advertisement for the conference. It’s not a very robust ad (our ad budget obviously extended as far as the paper for the dot matrix printer it came out of), but there’s a rather fascinating note in the guest speakers section:

 

 

So, did Dr. Henry Morgentaler speak at that conference? Anyone remember? That would be quite the get, and particularly in spring 1988!

This year’s Criminal Law Conference is taking place next weekend (October 13 and 14) at Château Montebello. Registration is open until October 9th – you can do that from the CCLA website.

Ottawa Blog Roll: September 2018

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!

Recently Published Ottawa Decisions

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

Family Matters

Rathwell v. Rathwell (2018 ONSC 5666)
spousal support — income — daycare — child support — arrears
Justice C. MacLeod

Niranjan v. Rajaghatta (2018 ONSC 5557)
disclosure — property — child — lines of credit — financial
Justice P. MacEachern

Ozturk v. Dogru (2018 ONSC 5531)
child support — equalization payment — matrimonial home — best interests of the children — time
Justice D. Summers

Davidson v. Davidson (2018 ONSC 5463)
possession of the matrimonial home — income — price — child — property
Justice J. Blishen

Piacenti v. Thomson (2018 ONSC 5436)
costs — matrimonial home — offers to settle — child — application
Justice R. Ryan Bell

Brown v. Brown (2018 ONSC 5428)
spousal support — equalization — income — child — twins
Justice P. MacEachern

Continue reading

Recently Published Ottawa Decisions

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

Family Matters

Smoak-Huszar. v. Huszar (2018 ONSC 5223)
alternating week-on week-off schedule — interim spousal support — school — children — matrimonial home
Justice P. MacEachern

Sharaf v. Zahab (2018 ONSC 5204)
motion — offer — bill of costs — access — inclusive of disbursements
Justice P. MacEachern

Cameron v. Cameron (2018 ONSC 5177)
children — nesting arrangement — school — parenting time — primary residence
Justice T. Engelking

CAS v. A.W. (2018 ONSC 5262)
parents — boys — children — hit — belt
Justice D. Summers

Civil Matters

Azur Human Resources Ltd. v The Minister of Revenue (2018 ONSC 5212)
expatriate — remuneration — employer — foreign affiliate — workers
Justice C. Hackland

Noreast Electronics Co. v. Danis (2018 ONSC 5169)
invoices — suppliers — prices — summary — evidence
Justice S. Gomery

Continue reading

#ThrowbackThursday: Renovations Before and After (Plus Coats!)

Construction on Phase 2 of the renovations project continues to march forward, and I’ve recently been through the space to take a look. Back when Phase 1 was still being renovated, we had to come into the space far more frequently, so I was able to get more photos. For the second half of the project, my trips in are far more irregular, but it does mean I see more significant changes every time I venture in!

Today’s throwback quite honestly makes me shudder. I’m talking of course about the old coat storage area / corridor when you walked into the lounge. Behold!

Before:

Those dingy ceilings, the inadequate storage, the poor lighting, those carpets! I don’t think any of us will miss any of those. From standing in this perspective now, the view is quite different …

After:

Yes, that’s the same area! We’ve moved the coat storage right out of there (see below for more on coat storage), and raised the ceiling up to the slab. When all is said and done, there are going to be beautiful new light fixtures, new flooring, and our donor wall will be on the wall where the coat closets were. It feels so spacious and bright through this area now – I really can’t wait to see it all finished. For those wondering, to the left is the space for our new training rooms. The perspective on that is a bit hard to show right now, so you’ll have to wait a bit longer to see the reveal there.

So as for coats, as it’s now getting into coat season, let’s look at the new coat storage options!

When all is said and done, there will be three coat closets available.

In the lounge, two of the three closets are currently being constructed. You can see these below (pardon the bad angles – it’s not easy to get a shot of them!):

The third, and biggest, coat closet is located in the library, immediately to your left when you enter the front doors. That space is already open for business, and since this picture was taken, actually has hangers!

In total, these three rooms will provide greater storage capacity for coats that we had previously. This should alleviate the coat mess that erupted every winter in the old lounge. Also not pictured above are new stools currently on order for this space, to aid in boot and shoe removal in the winter months. We will be cracking down on items left overnight in the closet, however: there were far, far too many items left behind and creating clutter in the old lounge, and we hope to keep the new space clean and running smoothly.