Ottawa Blog Roll: January 2018

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

Civil Litigation

What Is The Threshold And Who Meets It?
– Edward (Ted) Masters, Mann Lawyers LLP

Reduced Accident Benefits And Insurance Broker Liability
– Edward (Ted) Masters, Mann Lawyers LLP

For WSIB Purposes, is “Intent” to Study Enough to Make You a “Student”?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

New Owner Information Certificate
– Rod Escayola, Condo Adviser

Condo Learning Opportunities February/March
– Graeme Macpherson, Condo Adviser

New Employment Standards Affecting Condominium Corporations
– Jocelyn Duquette, Condo Adviser

Can Owners Install Clotheslines Under the Green Energy Act?
– David Lu, Davidson Houle Allen LLP

New Regulations for Condominium Managers
– James Davidson, Davidson Houle Allen LLP

Proxies and How They May Now be Used for Elections
– Christy Allen, Davidson Houle Allen LLP

Corporate Commercial Law

The Basics of Blockchain and Smart Contracts
– Mark Asfar, Momentum Business Law

Criminal Law

The Theoretical case of R. v. Patrick Brown
– Bryan Delaney, Delaney’s Law Firm

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

On Technology And Access To Justice
– Anne Marie McElroy, McElroy Law

The Presumption of Innocence is for Courtrooms, Not Politics
– Michael Spratt, Abergel Goldstein & Partners LLP

Trudeau’s Aga Khan Vacation, Get Ready for Duffy Part 2
– Michael Spratt, Abergel Goldstein & Partners LLP

Loblaws Skates on Price-Fixing, Tried to Send Homeless Man to Jail
– Michael Spratt, Abergel Goldstein & Partners LLP

My Predictions for Federal Justice Reform in 2018
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

The Man and the Mini-Horse in the Middle Office – Service Animals in the Workplace
– Colleen Hoey, Mann Lawyers LLP

Court of Appeal Confirms that Silence is Golden
– Sean Bawden, Labour Pains

Employers Can No Longer Require Employees to Wear High Heel Shoes – Except in “Entertainment and Advertising Industry”
– Sean Bawden, Labour Pains

New Rules for Employers for Public Holidays
– Megan Cornell, Momentum Business Law

Changes to Ontario Employee Personal Emergency Leave, January 2018
– Megan Cornell, Momentum Business Law

Limitation periods and statutory severance pay: an update
– Andrew Vey, Vey Willetts LLP

Continue reading

Recently Published Ottawa Decisions

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

Family Matters

Milne v. Milne (2018 ONSC 614)
father — child support — offer — settle — successful
Justice A. Doyle

Labrèche v Labrèche (2017 ONSC 615)
costs — bad faith — equalization — offer — rates
Justice H. Williams

Derakhshan v. Narula (2018 ONSC 537)
joint family venture — unjust enrichment — renovations — common-law relationship — evidence
Justice L. Sheard

Jirova v. Benincasa (2018 ONSC 534)
arbitration — email — evidence — process — partner
Justice J. Audet

K.F. v. Children’s Aid Society of Ottawa (2018 ONSC 364)
grandparents — openness — statutory timeline — parens patriae jurisdiction to extend — gap
Justice J. Audet

Civil Matters

Daly Square Inc. v. 1786097 Ontario Inc. and Camille Mikhael (2018 ONSC 745)
limitation period — notice of motion — statute-barred — factum — dismissal
Justice H. Williams

Mohamed v. Dakhil (2018 ONSC 626)
solicitor-client account — motion record — settlement — dispensing with the requirement — funds
Justice S. Corthorn

Greenough v. Maple Ridge Media Inc. (2018 ONSC 660)
heating — heat — system — slabs — house
Justice S. Gomery

Continue reading

#ThrowbackThursday: Demolition Before & After

The old library half of our space is in full on demolition mode right now, which is incredibly exciting and interesting for us to see! Every morning when we come in there is something new missing – the carpets, the ceiling, occasionally an entire wall!

I was flipping back through photos on my phone from December, and found a photo taken from the same angle as one I took today. Check out some of the demo work that’s been happening:

Before:

 

After:

Goodbye, old photocopy room!

Upcoming Training: CanLII Webinar

On February 22nd, join us for a 12-1PM training webinar on CanLII, the legal research tool that you can use for free from your home or office! Brush up on your skills on finding cases, note-ups, point-in-time legislation, and to explore their growing collection of secondary materials.

To cover costs of the webinar, this session is 10$; you can register here. The day before the session, we’ll send you an email with the link you need to get into the webinar. Also, in order to hear us, you’ll need to either have speakers or earphones for your computer.

This session is eligible for 1 substantive CPD hour.

Resource Spotlight: Bullen & Leake & Jacob’s Canadian Precedents of Pleadings, 3rd Edition

I was tempted to title this post “Omg, we love this book!” Don’t mistake my staid title for a lack of enthusiasm, though: we still really love this book, and were very excited to grab the newest edition when it came out at the end of last year. You may have noticed it in our most recent round-up of new titles in the library, but this is such a favourite of ours that it deserves its own post. You may recall we highlighted the second edition, so if you’ve become a fan of this book too, here’s your notice that a new edition is out!

The third edition of Canadian Precedents of Pleadings has grown to a rather thick three volumes. A comparison of the (excellently detailed) table of contents reveals new sections on the following:

  • Aboriginal Law
  • Arbitration
  • Aviation
  • Debtor-Creditor
  • Environmental Law
  • Family Law
  • Immigration
  • Information Technology
  • Insurance Coverage
  • Plain Language
  • Restitution
  • Wills and Estates

As with previous editions, this title comes with a CD-ROM of precedents, which is quite useful if you decide you’d like to use any of these in your practice. You can find this book in our temporary library at KF 8868.1 B85 2017, or ask any of the library staff for help.

 

New Titles – December 2017 & January 2018

If you’ve been to the library recently, you’ve probably noticed some major changes around here. For the renovations, we’ve had to put most of our collection in storage and now have a temporary library set up in the Lounge. We’ve kept out as many books that we could, while also leaving plenty of space for new books that we’ll acquire during this time. Over the past two months we’ve received a ton of new books, which are all available for you to use. Check out the list below!

The 2018 Annotated Bank Act with Associated Regulations (Carswell)

The 2018 Annotated Canada Labour Code (Carswell)

The 2018 Annotated Competition Act (Carswell)

The 2018 Annotated Copyright Act (Carswell)

The 2018 Annotated Customs Act (Carswell)

The 2018 Annotated Divorce Act (Carswell)

The 2018 Annotated Employment Insurance Act (Carswell)

The 2018 Annotated Immigration and Refugee Protection Act of Canada (Carswell)

The 2018 Annotated Ontario Children’s Law Reform Act (Carswell)

The 2018 Annotated Ontario Family Law Act (Carswell)

The 2018 Annotated Ontario Human Rights Code (Carswell)

The 2018 Annotated Ontario Labour Relations Act (Carswell)

The 2018 Annotated Ontario Landlord and Tenant Statutes (Carswell)

Annotated Firearms Act & Related Legislation, 4th ed. (LexisNexis)

Annotated Ontario Rules of Criminal Practice 2018 (Carswell)

Bennett on Bankruptcy, 20th ed. (LexisNexis)

Bullen & Leake & Jacob’s Canadian Precedents of Pleadings, 3rd ed. Carswell)

Canadian Immigration & Refugee Law Practice, 2018 ed. (LexisNexis)

Conduct of a Lien Action 2018 (Carswell)

Consolidated Bank Act and Regulations 2017-2018 (Carswell)

Criminal Procedure in Canada, 2nd ed. (LexisNexis)

Digital Evidence: A Practitioner’s Handbook (Emond Publishing)

Federal Courts Practice, 2018 (Carswell)

A Guide to the Personal Information Protection and Electronic Documents Act, 2018 ed. (LexisNexis)

The Law of Search and Seizure in Canada, 10th ed. (LexisNexis)

McLeod’s Ontario Family Law Rules Annotated 2017-2018 (Carswell)

Ontario Employment Standards Act: Quick Reference, 2018 ed. (Carswell)

Ontario Litigator’s Guide to Human Rights Practice (LexisNexis)

The Ontario Personal Injury Desk Reference (Emond Publishing)

Practice Management for Paralegals (Emond Publishing)

Prosecuting and Defending Fraud Cases: A Practitioner’s Handbook (Emond Publishing)

Startup Law 101: A Practical Guide (LexisNexis)

Recently Published Ottawa Decisions

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

Family Matters

Logue v Mackenzie (2018 ONSC 411)
line of credit — disclosure — lawyer — owes to the date — bank
Justice H. Williams

Clark v Collins (2018 ONSC 333)
father — full-time employment — retroactive child support — motion to change — lawyer
Justice H. Williams

Blackstock v Comeau (2018 ONSC 193)
spousal support — income — marriage — interim — disability
Justice H. Desormeau

Milne v. Milne (2018 ONSC 169)
income — father — child support — expenses — parent
Justice A. Doyle

La Société à l’aide de l’enfance c. T.S. et al. (2018 ONCS 160)
pupille — soins — résidence — véritable — placement
Juge J. Audet

Laframboise c. Lepage (2018 ONCS 22)
renseignements confidentiels — nouveau cabinet — dossier — client — conflit
Juge A. Doyle

Bazinet c. Faubert (2018 ONCS 13)
nouveau cabinet — renseignements confidentiels — client — dossier — lignes directrices
Juge A. Doyle

Civil Matters

St. Laurent Automotive Group et al v Sami’s Garage Ltd. et al (2017 ONSC 6649)
summary judgment motion — pre-trial conference — costs — placed on a trial list — argue
Justice H. Williams

Graves v. Intact Insurance Company (2018 ONSC 402)
appraisal — coverage — jury — presumption of inadmissibility — settlement privilege
Justice M. Labrosse

Foustanellas v Foustanellas (2018 ONSC 366)
draft — benefit of the minor beneficiaries — personal representative of the estate — cost of the mediation — trust
Justice H. Williams

Ridley Estate v. Eagan, Desjardins Financial Security et al. (2018 ONSC 209)
endorsement — service of the motion record — documents — email — behalf
Justice S. Corthorn

Dunn et al. v. TD Waterhouse and Eagan (2018 ONSC 204)
motion — endorsement — behalf — service — documents
Justice S. Corthorn

Gervais v. Depatie (2018 ONSC 139)
reached the age of majority — minor — subrule — name of the litigation guardian — continue
Justice S. Corthorn

Mississippi Valley Conservation Authority v. Mion (2018 ONSC 104)
contempt — restoration — stockpiled — wetland area with native vegetation — organic material
Justice R. Ryan Bell

Criminal Matters

R. v. Chamoun (2018 ONSC 235)
delay — judicial pre-trial — pre-trial conference — co-accused — presumptive ceiling
Justice M. Linhares de Sousa

#ThrowbackThursday: First Sitting of the Supreme Court of Canada

Way back on January 17, 1876, six judges assembled on Parliament Hill for their first sitting of the Supreme Court of Canada! They had just finished drafting their rules of procedure in mid-January, but the only problem? There were no cases to be heard! Transcripts from this first session of the Supreme Court state “There being no business to dispose of, the Court rose.”

The court heard its first case in April 1876, and after that, it sat for a week in June. (Give me this work sched any day!)

It spent its first five years in vacant rooms in the Parliament buildings, before moving to a more permanent building on the West Block in 1882.

 

Old Supreme Court of Canada Building, West Block
Old Supreme Court of Canada Building, West Block. Credit: Library and Archives Canada/PA-052668

 

Interior of the old Supreme Court of Canada.
Interior of the old Supreme Court of Canada. Credit: Topley Studio / Library and Archives Canada / PA-027194

References / Further Reading

New Database Subscription: ICLR

We may have limited physical space available at the moment, but to somewhat make up for it we’re happy to announce we’ve added a subscription to the UK Case Law Reporter database ICLR! If you’ve ever used a British case you’ve probably gotten it from an ICLR publication, so we’re very excited to still be able to still access that collection while we are renovating.

We love the clean interface of the program, and its searching and navigation are intuitive and easy to use. Stay tuned as we explore and demonstrate some of its features over the coming months!

You can access the ICLR on site at the CCLA Library, through our lawyer computers. Friendly reminder that all our databases can be accessed through the Library Toolkit icon on each desktop!

Online Research Training Options

As we’re unable to host any training sessions in the Library for the next while, we wanted to direct you to some online legal research training options. We’ll be holding online sessions of our own over the year (dates will continue to be added), but these are some options available for you to do from your own office right now:

For WestlawNext Canada / Thomson Reuters ProView …

Canada Professional Development Centre

Thomson Retuers continually offers webinars on their online products, such as Westlaw and ProView, that are both free and CPD accredited.

Interactive eLearning Experiences

These modules (listed in blue towards the top of this page) will give a simulated learning experience for Thomson products.

WestlawNext Canada Self-Paced Learning

Find out more about specific features of WestlawNext with these short videos and PDF files.

For Lexis Advance Quicklaw…

Webinars

Sign up for a free webinar on Lexis Advance Quicklaw from the selection available in their online calendar.

Self-Study Modules

Browse this list of quick YouTube videos for using the Advance platform.

For JustisOne…

Training Webinar

This quick video will show you the basics of this British database.

User Guide

Follow this link if you would prefer a PDF user guide.

For HeinOnline...

Training Videos

These YouTube videos can teach you basics of searching through HeinOnline.

Training Guides

If you’d rather text-based instruction, there are a series here covering many different aspects of the Hein database.

*Note: Law Society of Ontario licensees have access to HeinOnline from the own computers! Click here to learn how to set up access.

For CanLII…

CCLA Webinar – Thursday, February 22, 2018

We’ll be leading this webinar that looks at everyone’s favourite free resource, CanLII. There is a small charge for this session.