Recently Published Ottawa Decisions

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

Family Matters

Boutros v. Kanaan (2018 ONSC 2805)
child support — income — separation agreement — expenses — application
Justice T. Engelking

Pinate v. Rodriguez (2018 ONSC 2771)
child — father — access — uncontested — custody
Justice J. Audet

Jordan v. Beauchamp-Kiss (2018 ONSC 2677)
easement — parking — park — property — owners
Justice A. Doyle

N.H. v. J.H. (2018 ONSC 2658)
parents — father — disclosure — sessions with the children — psychologist
Justice J. Audet

Civil Matters

Fuego Digital Media Inc. v. DAC Group (Holdings) Limited (2018 ONSC 2897)
arbitrator — software — tab — adjournment — draft
Justice J. Parfett

Gatling-Coquelet v. Allan (2018 ONSC 2889)
assessment process — costs — fees — assessment officer — discounted
Justice S. Gomery

Ridley Estate v. Eagan (2018 ONSC 2777)
monies — endorsement — motion — wrongdoing — application
Justice S. Corthorn

Dunn v. TD Waterhouse (2018 ONSC 2776)
non-parties who may be entitled — nominal — victims — monies paid — members of the class
Justice S. Corthorn

Tam v. Arlotta (2018 ONSC 2832)
line of credit — business — debt — franchise — loan
Justice S. Gomery

Cuconato v. Parker Auto Care Ltd. (2018 ONSC 2803)
sexually explicit gesture — dismissal — employment — mitigation — misconduct
Justice R. Ryan Bell

Urbisci v. 2388095 Ontario Ltd. (2018 ONSC 2678)
audited financial statements — shares — prima facie case of oppression — corporation — inspector
Justice R. Ryan Bell

1351150 Ontario Inc. et al v. The Corporation of the Town of Hawkesbury (2018 ONSC 2631)
financial statements — supplementary affidavit of documents — damages brief — re-attend at examination for discovery — cross-motion
Master M. Fortier

Patterson v. Peladeau (2018 ONSC 2625)
jury — mistrial — correcting charge — parked — jurors
Justice C.T. Hackland

Criminal Matters

R. v. Barra and Govindia (2018 ONSC 2659)
bribe — conspiracy — offence — obtain the contract — extradition
Justice R. Smith

R. v. M.D. (2018 ONSC 2792)
offender — sexual assault — sentence — probation — victim
Justice C. MacLeod

Divisional Court Decisions from Ottawa Judges

Helmer v. Belairdirect Insurance Company (2018 ONSC 2888)
accident — services — injured — attendant care benefits — interpretation
Justices C. Horkins, B. Conway, and C. MacLeod

Sarangan v. Morguard Nar Canada Limited Partnership (2018 ONSC 2864)
humid conditions in the unit — hot — tenancy — mould in the unit — tropical
Justices C. Horkins, B. Conway, and C. MacLeod

AACR Inc. v. Lixo Investments Limited (2018 ONSC 2774)
motion judge erred — unjust enrichment — quantum meruit — costs — contract
Justices K. Swinton, H. Sachs, and S. Corthorn

MacKay v. Thomas (2018 ONSC 2935)
procedural fairness — prejudice — duty of fair representation — alleged — coercion
Justices C. Horkins, B. Conway, and C. MacLeod

Court of Appeal Decisions of Local Interest

Caron c. Perrier (2018 ONCA 422)
ordonnances — fraude — compétence — outrage — prétend
Les juges P. Rouleau, K. van Rensburg, et G. Pardu

Caron c. Perrier (2018 ONCA 423)
aujourd hui — motion — jca — permettons — questionnait
Les juges P. Rouleau, K. van Rensburg, et G. Pardu

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.

Estate accounting 2018 (January 15, 2018)

  • What your accountant needs to prepare proper accounts / Carla M. Preece
  • Common pitfalls in preparing accounts & how to avoid them / Corina S. Weigl
  • Passing of accounts : the children’s lawyer’s perspective / Susan J. Stamm, Katherine Antonacopoulos
  • Recent trends in passing of accounts : what are the courts saying, including on compensation? / Lisa S. Toner

The six-minute commercial leasing lawyer 2018 (February 15, 2018)

  • Bankruptcy / insolvency : the basics for leasing professionals / Linda Galessiere
  • Don’t get boxed in : re-evaluating a co-tenancy clause and the need for flexibility / Sunita Mahant, Katherine Garretto, Daniel Minuk
  • Redevelopment of leased lands : the public law versus private law perspectives / Jason Park, Samantha Lampert
  • How to anticipate noise and other by-law issues / Kate Lyons
  • Leasing to cannabis businesses : how to avoid a bad trip / Marco Gammone, Daniel Everall

The six-minute administrative lawyer 2018 (March 1, 2018)

  • The Divisional Court / Julie Thorburn
  • Reasonableness, correctness, let’s call the whole thing off : the standards of review / Andrew Pinto
  • The rules of natural justice, bifurcated hearings and differently constituted panels : the MRS saga / Brian Gover, Lindsay Board
  • Administrative law in the Supreme Court of Canada : (recent) past, present & future / Thomas Slade

The six-minute criminal lawyer 2018 (April 14, 2018)

  • Back to basics : bail in the aftermath of R. v. Antic / Amber Pashuk
  • What does an accused need to know in order to plead guilty? Waiting for R. v. Wong and the significance of collateral consequences / Gillian Roberts
  • When can judges fix things? / Steve Coroza, Humera Jabir
  • Parity in sentencing : comparing apples to oranges / Alana Page
  • Limits on Crown advocacy? / Howard Leibovich

#GetLoud: CMHA Mental Health Week 2018

This week (May 7 to 13 2018) is the Canadian Mental Health Association’s Mental Health Week. As we did last year, we’d like to again take a brief pause in our regular Robeside Assistance programming to remind our readers of the mental health supports that are available to members of the legal community.

The Member Assistance Program, provided through Homewood Health, is a confidential health service that is funded by, and runs entirely independently of, the Law Society of Ontario. A variety of counselling options are available through their service (online, telephone, and in-person), to address all manner of mental health care issues (such as stress, anxiety, anger, depression, and much more). This is available to all lawyers, paralegals, law students, and judges in Ontario, as well as their partners and children.

To find out more, check out www.myassistplan.com, or call 1-855-403-8922.

 

Ottawa Blog Roll: April 2018

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

Civil Litigation

Disability Insurance vs Instagram
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

New and Improved Forms to Call Condo Meetings
– Rodrigue Escayola, Condo Adviser

Improving the New Prescribed Proxy Form
– James Davidson, Davidson Houle Allen LLP

Condominium Not Liable for Assault at Board Meeting
– Jessica Weick, Davidson Houle Allen LLP

Applying an Owner’s Payments to the Earliest Arrears
– James Davidson, Davidson Houle Allen LLP

Corporate Commercial Law

Seeing Through Shell Corporations: The Court of Appeal Addresses Complex Fraud Cases
– Alexander Bissonnette, Mann Lawyers

Criminal Law

The Digital Era In Our Criminal Justice System
– Dallas Mack, Mack’s Criminal Law

The Perils Of Bill C-75 (Or: Why We Should Care About Criminal Justice Policy)
– Anne Marie McElroy, McElroy Law

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

Harm Without Physical Contact
– Louise Tansey, Mack’s Criminal Law

Expecting Privacy?
– Dallas Mack, Mack’s Criminal Law

Investigating Our Research Habits And Tools: Poll #1
– Dallas Mack, Mack’s Criminal Law

Time for the Law Society to Turn Its Principles into Action
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

Ontario court overturns just cause dismissal and awards over $97,000 in damages
– Paul Willetts, Vey Willetts LLP

Punitive Damages Awarded for Failure to Conduct Harassment Investigation
– Sean Bawden, Labour Pains

Termination of Employment Does Not Terminate Ability to Apply for LTD Benefits
– Sean Bawden, Labour Pains

Family Law

“Habitual residence”: SCC revamps Hague Convention analysis with hybrid approach
– Jeff Beedell & Shawn Duguay, Gowling WLG

Revenge Porn Update
– Natasha Chettiar, Nelligan O’Brien Payne

The Right to One’s Image – Privacy Laws in Quebec
– Stéphane Sérafin, Nelligan O’Brien Payne

Indigenous Law

Construction Licensing: Does it apply in Indigenous Communities?
– Stéphane Sérafin, Nelligan O’Brien Payne

IP & Copyright Law

Post-grant patent validity challenges in Canada and the UK
– Michael Crichton & Ailsa Carter, Gowling WLG

Regulatory Law

Cannabis advertising in Canada: What we know right now
– Megan Martins, 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

Jiang v. Parham (2018 ONSC 2706)
father — child support — income — financial — motion
Justice J. Mackinnon

Saunders v. Patricelli (2018 ONSC 2650)
spousal support — income — employable — range — retroactive
Justice P. Roger

Murray v. Choudhary (2018 ONSC 2533)
motion — home — recordings — messages — restraining
Justice S. Corthorn

Paquin v. Lamoureaux (2018 ONSC 2480)
parenting — children — status quo — motion — temporary
Justice T. Engelking

N.H. v. J.H. (2018 ONSC 2266)
father — cell phone — text messages — disclosure — records
Justice J. Audet

CAS v. R.J. (2018 ONSC 2309)
children — father — police — wife — genuine
Justice J. Mackinnon

A.-Z. v. A.H. (2018 ONSC 680)
children — income — passports — supervised access — restraining
Justice T. Engelking

Civil Matters

Barresi v. Jones LaSalle Real Estate Services, Inc. (2018 ONSC 2579)
offer to settle — favourable — substantial indemnity costs — damages for negligent misrepresentation — declaratory
Justice C. Aitken

Continue reading

New Titles – April 2018

The following is a list of new books we’ve acquired in the library recently. Most are newer editions to titles we already had, but we also have a few new titles by John Hollander that he kindly donated to us.

2018 Annotated Ontario Personal Property Security Act (Thomson Reuters)

Annotated Aboriginal Law: The Constitution, Legislation, Treaties and Supreme Court of Canada Case Summaries 2018 (Thomson Reuters)

Annotated Canada Pension Plan and Old Age Security Act, 17th ed. (LexisNexis)

Estate Litigation: Trial Advocacy Techniques in Canadian Estate Cases (John Hollander)

Ethics and Criminal Law, 2nd ed. (Irwin Law)

Ethics and Professional Practice For Paralegals, 4th ed. (Emond Publishing)

Impaired Driving in Canada, 5th ed. (LexisNexis)

Introduction to Trial Advocacy: How Canadian Lawyers Prepare for and Conduct Civil Cases (John Hollander)

The Law of Evidence, 5th ed. (LexisNexis)

The Law of Libel in Canada, 4th ed. (LexisNexis)

Management of Nonprofit and Charitable Organizations in Canada, 4th ed. (LexisNexis)

The Ontario Municipal Service Directory: A Comprehensive Guide for Real Estate Professionals 2018 (Thomson Reuters)

Outlining: How to Structure Examinations in Civil Litigation (John Hollander)

Personal Injury Damages in Canada, 3rd ed. (Thomson Reuters)

Pocket Ontario OH&S Act & Regulations 2018 (Thomson Reuters)

Provincial Offences for Paralegals, 2nd ed., (Emond Publishing)

Stikeman Income Tax Act Annotated 2018, 63rd ed. (Thomson Reuters)

Supreme Court of Canada Practice 2018 (Thomson Reuters)

Taxation of Trusts and Estates: A Practitioner’s Guide 2018 (Thomson Reuters)

#ThrowbackThursday: Demolition Before and After

We should have some exciting news on the renovations project coming soon (subscribe to the CCLA newsletter for all the latest info, of course), but in the meantime, here’s a recent progress shot for you.

This was the old view when you came in through the front doors. Us library staff never particularly liked that we were tucked around the corner, which lead to plenty of awkward moments of people coming in and not knowing where anyone was to talk to.

Continue reading

International Materials on Quicklaw Advance

Looking for international materials? While we are quite fortunate here to have access to some great British databases, often times we are asked about American or Australian case law as well. Perhaps lesser-known is that our Lexis Advance subscription has some coverage of these countries also!

To access them, on the left side of the main screen’s search bar you will notice a country flag. By clicking on this it will bring you to a dropdown menu where you can select which country’s materials you would like to search.

 

After you enter a search term, you can also easily navigate between countries through the sidebar where you will see these flags again, for example in the screenshot below. Underneath there is also a nice breakdown of the different types of content available, so you can narrow down your results if you are only interested in a specific type.

 

 

As you can see from this very generic “wrongful dismissal” search, there is quite a lot of international content on there! It’s definitely worth checking out if you’re looking for foreign materials.

 

New Titles from The Advocacy Club

Recently, John Hollander was so kind as to stop by the library with copies of these three titles for our collection. Many of you know of The Advocacy Club, which has been instructing new lawyers in advocacy skills for over ten years now. These three volumes make up a series of books from the Advocacy Club, and we think they’ll be popular with our students and new lawyers.

 

The three titles are:

  • Trial Advocacy: How Canadian Lawyers Prepare For and Conduct Civil Cases
  • Outlining: How to Structure Examinations in Civil Litigation
  • Estate Litigation: Trial Advocacy Techniques in Canadian Estate Cases

These are currently in process at the library, but please let us know if you’d like to see them and we’ll be happy to get them for you.