#ThrowbackThursday: Civil Litigation Updated 1998

As the steady stream of Ottawa litigators heading to Mt. Tremblant begins this afternoon, we’re looking back at the conference program from 20 years ago. As it happens, the conference that year was also held in Tremblant.

The resolution of the only copy of the agenda that we have for the 1998 conference is unfortunately pretty hard to read, but we’ve done our best. Unless someone knows how to convert a 98 File to .docx, this will have to do! I love that there was a session on Y2K. Remember Y2K?

Recently Published Ottawa Decisions

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

Family Matters

Smoak-Huszar v. Huszar (2018 ONSC 6646)
costs — successful — spousal support — proportionality — youngest
Justice P. MacEachern

Niranjan v. Rajaghatta (2018 ONSC 6641)
costs — successful — reasonableness — behaved unreasonably — disclosure
Justice P. MacEachern

Oderkirk v. Oderkirk (2018 ONSC 6594)
spousal support — provisional — variation — income — retirement
Justice P. MacEachern

Rayes v. Dominguez-Cortes (2018 ONSC 6580)
costs — motion — pay — orders — stay
Justice P. MacEachern

Martin v. Watts (2018 ONSC 6566)
matrimonial home — account — joint line of credit — interim disbursements — money
Justice J. Mackinnon

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Ottawa Blog Roll: October 2018

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

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New Lexis Advance Quicklaw Feature: Practice Areas

If you’re a fan of Lexis Advance Quicklaw for your research, you’ll want to take note of this new feature!

 

When you’re on the Quicklaw homescreen, take note of the new tab under “Explore Content” which directs you to “Practice Area.” By clicking on that tab, you’ll pull up a brand new list of practice areas.

 

This list of 10 practice areas (Construction, Criminal, Employment, Family Immigration, Insurance, Labour, Real Estate, Securities, and Wills, Estates, and Trusts) will lead you to a page that allows you to either browse resources in these areas, or perform a search exclusively in materials related to that practice.

 

In the above example, you can see the “Criminal Law” practice area. Searching in the box at the top will just search Criminal primary law (legislation and decisions), criminal law secondary materials (such as textbooks or the Halsbury’s), and criminal drafting materials.

This is a great new feature that allows you to narrow your research down very quickly and easily. We hope you find it useful on your next research task!

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

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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.