Ottawa Blog Roll: December 2017

Huge congratulations to Sean Bawden and Woods LaFortune LLP for carrying the Ottawa torch as Clawbie Winners this year! Well deserved!!

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

Civil Litigation

Adjudication coming to a construction project near you – lessons learned from the english experience
– Louis-Pierre Grégoire & Patrick Lavoie, Gowling WLG

Appeal Court orders rehearing on coverage for workplace accident
– Stephanie Doucet, Gowling WLG

Employer vs. Employee – Who Was Telling the Truth in Workers’ Compensation Claim?
– Frank Van Dyke, Van Dyke Injury Law Blog

CPP Benefit Claims – Does Choosing Your Own Doctor Affect Your Success?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Information Certificate Updates
– Rodrigue Escayola, Condo Adviser

A Condo Year in Review – Our Top 10 Most Popular Posts of 2017
– Jocelyn Duquette, Condo Adviser

AGM Notice Calculator
– Rodrigue Escayola, Condo Adviser

Things to watch for in 2018
– James Davidson, Davidson Houle Allen LLP

Corporate Commercial Law

“Summary Judgment and Evidence of ‘Material Change’ – Hepburn v AlarmForce”
– Merovitz Potechin LLP

Criminal Law

December 2017 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Top Criminal Cases Of 2017
– Anne Marie McElroy, McElroy Law

Digital Evidence: A Book Review
– Anne Marie McElroy, McElroy Law

Let’s Talk About Mental Health
– Michael Spratt, Abergel Goldstein & Partners LLP

Employment & Labour Law

$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”
– Andrew Vey, Vey Willetts LLP

Higher wages, more vacation, more protected leave – what’s not to like?
– Colleen Hoey, Mann Lawyers

The Legality of Taking Away Paid Breaks and Benefits
– Sean Bawden, Labour Pains

Top Five Cases of Importance to Ontario Employment Law – 2017 Edition
– Sean Bawden, Labour Pains

Workers Now Eligible for WSIB Benefits for Chronic Mental Stress and Workplace Harassment
– Sean Bawden, Labour Pains

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Recently Published Ottawa Decisions

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

Family Matters

M.D. v. A.C. (2017 ONSC 7722)
offer to settle — costs — validity of the marriage contract — fix — amount
Justice T. Engelking

Maan v. Poirier (2017 ONSC 7678)
contempt — support — parenting course — access — three-part test
Justice D. Summers

Fortier v. Lauzon (2017 ONSC 7503)
father — equalization payment — interest in the matrimonial home — pension —
occupation rent
Justice M. Shelston

Zakhour v. Nayel (2017 ONSC 7601)
occupation rent — matrimonial home — spousal support — separation — provide
Justice T. Engelking

Gagnon v. Vance (2017 ONSC 7575)
email — set aside — office — potential prejudice — uncontested
Justice D. Summers

Sarmiento v. Ortiz (2017 ONSC 7570)
income — child support — payor parent — retroactive — pay
Justice T. Engelking

Hallock v. Wakely (2017 ONSC 7347)
children — access — parenting — grandparents — text messages
Justice C. MacLeod

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#ThrowbackThursday: Then and Now, Part 2

Back in 2016 I posted this Throwback Thursday, which gave a view of the stacks in our Law Reports section as they were at the time and in 1986. As you know, we’re getting ready to renovate, so here’s part two of this particular Then and Now:

Then (December 2017)

 

Now (January 2018)

 

We took a whole bunch of photos on the last day of the library looking “normal” – once renovations are done, we’ll be able to do a whole series of cool before and after shots. This section of the CCLA’s space is the first that will be renovated (and should be starting soon!).

‘Charterpedia’ Launched by Department of Justice

If you were paying attention on twitter and/or were very on the ball a couple weeks ago, you may have noticed that the Department of Justice launched a new online service called the Charterpedia, and it is really great! This new resource provides summaries and note ups on every Charter section, and it is now available free of charge to everyone!

As per its own description:

This Charterpedia provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible.

Check it out!

CCLA Renovations: Library Service Update

After a grueling month of moving books, packing, unpacking, furniture disassembly and reassembly, we’re back! Here’s an update on what is currently available at the CCLA Library:

Public Computers

There are three computers available for use. You can print from these computers (black and white only). All of these computers are set up to access WestlawNext Canada, Lexis Advance Quicklaw, Thomson Reuters ProView, and a whole bunch of other great research tools.

Print Collection

All of the books that we chose to keep out during the renovation are now in the Lounge. You can call this collection our Greatest Hits. As always, books are for Courthouse use only – if you wish to take a book to court, please see a CCLA Library staff member to sign the book out. Books are due back to a staff member by 5:00 every day.

Photocopiers and Fax

We have one photocopier available for copying and scanning, and one fax machine. For payment for copies or print jobs, we accept cheques, cards, or firm account only (no cash).

Library Staff Assistance

We’re here! We’ve propped open the doors between the Lounge and the Library (we’ll be taking them down entirely soon), and you can find us just past those doors. We’ve also re-opened the helplines, so free free to call or email. During this time, we can order in books from other libraries if we don’t have what you need, but if you’re reading this from a library we normally lend to, we’re sorry but we can’t lend anything at this time.

Workspace

We’re a bit short on space at the moment for studying. There are a few tables in the lounge, but nothing available in the Library itself. This is a temporary measure and we’ll have more space available later this year.

One other big change is that the old “main doors” to the library are no longer in service. They’ll be back in the future, but for now they will remain locked. The only entrance to the Library is through the lounge, and while we acknowledge this does make it more difficult to find us, and harder to get in if you do not have a code, this is only a temporary measure. We will be open again through the main entrance later this year. Contact us if you need the code for the lounge.

We thank every one for their patience over the last month – we know how difficult it can be to carry on business at court without the services the CCLA provides.

 

The 2017 Clawbie Awards: Our Nominations!

Clawbies Logo

We’re so excited that it’s Clawbie time again! Since there are so, so many superb choices to pick from and we are limited to three nominees, we decided again to stick with what we did last year: highlighting some of our favourite bloggers local to the Ottawa region. So here we go!

Ottawa Employment and Labour Law Blog
Andrew Vey & Paul Willetts (Vey Willetts LLP) / @VW_Lawyers

Andrew and Paul’s blog is so accessible, which is something we really appreciate as members of a law-adjacent profession! We love their writing style and their posts are always interesting, relevant and timely.

Some of our favourite blog posts this year:

 

Law21 Blog
Jordan Furlong / @jordan_law21

Anyone who’s read a post on Law21 can appreciate how thoughtful, insightful, and forward-thinking they are, and we are no exception. 

Some of our favourite blog posts this year:

 

Diversonomics Podcast (or on iTunes)
Roberto Aburto & Sarah Willis (Gowling WLG) / @robaburto

A timely and welcome addition to the ever-growing Canadian legal podcast scene, we were delighted to discover the Diversonomics series by local Gowling WLG lawyers. Roberto and Sarah launched season two this year, which continues to take on the difficult topics of diversity and inclusion in the legal profession.

Some of their notable episodes this year:

End of Year Review 2017

This is our last week of posting on Robeside Assistance for 2017, so we wanted to kick things off with our year end review! This year has gone by in a blur, especially these last few weeks as we get the library ready for renovations in the new year. (To answer a question we’re asked a lot: Nope, we didn’t get the month of December off! We’ve been super busy organizing the book collection, furniture, and assorted belongings of the Association. It’s like packing up your house, when you’ve been living in it for 30 years!)

We expect things to be a bit hectic around here for much of the next year, but we’re delighted that we’ll still be able to blog and bring you the latest news in online research, new books, cool throwbacks, and of course, Ottawa blogs and decisions. Tomorrow, we’ll be publishing our Clawbie picks for 2017, so stay tuned for those.

Much like last year, our most-read posts are always the Ottawa decision and blog post round-ups. In case you missed them the first time around, here are some of our other most popular blog posts from 2017:

#ThrowbackThursday: Rules of Practice, 1888

We’re right in the middle of moving / weeding / rearranging / packing the library collection, and one set of titles we just moved were our back editions of the Ontario Annual Practice. Before we moved them, our best guess was that we had them back to the 80s. The 1980s. We soon realized it was the 1880s. This item isn’t exactly rare (we have two copies!), but it is certainly cool to look at.

Ottawa Blog Roll: November 2017

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

Civil Litigation

Court Of Appeal Clarifies Pre-Judgment Interest Rate
– Edward Masters, Mann Lawyers

Court Of Appeal Clarifies Collateral Benefits Issues
– Edward Masters, Mann Lawyers

License suspensions mulled for distracted driving in Ontario
– Quinn Thiele Mineault Grodzki LLP

How Much “Good Faith” Must the Insurer Show its Insured?
– Frank Van Dyke, Van Dyke Injury Law Blog

Could Judge Decide MVA Case on “Geometry Alone”?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Disclosure Obligations of Condo Directors at AGMs
– Rod Escayola, Condo Adviser

Electric Vehicle Charging Stations in Condos?
– Rod Escayola, Condo Adviser

The New Periodic Information Certificate
– Rod Escayola, Condo Adviser

New Airbnb partnership may impact condominium law
– Merovitz Potechin LLP

Helpful Recent Decision About Condominium “Changes”
– James Davidson, Davidson Houle Allen LLP

The New Condominium Authority Tribunal Rules Are Out!
– James Davidson, Nancy Houle and Christy Allen, Davidson Houle Allen LLP

Corporate Commercial Law

Federal Government Responds to Feedback on Proposed Changes
– Alanna T. Mar, Perley-Robertson, Hill & McDougall LLP/s.r.l

Criminal Law

Bail Reform: Naqvi Tells Crown Attorneys to Follow the Law
– Michael Spratt

Bill C-51: On Sexual Assault, Records And The Right To A Fair Trial
– Anne Marie McElroy, McElroy Law

November 2017 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

Brave New World: ONCA Says that in Asset Transaction, an Offer of Employment is Sufficient Consideration for Material Changes
– Sean Bawden, Kelly Santini LLP

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice
– Paul Willetts, Vey Willetts LLP

Same Game, New Rules: Changes to Ontario’s Workplace Laws
– Paul Willetts, Vey Willetts LLP

Working Notice Inappropriate for Employees on Disability Leave
– Sean Bawden, Labour Pains

Undertaking to Comply with the ESA does Not Displace Common Law Presumption of Reasonable Notice
– Sean Bawden, Labour Pains

Mooch Ado About Nothing: Being Fired Before You Begin
– Sean Bawden, Labour Pains

Failure to Comply With Employment Standards Act Minimum Requirements Is Fatal to Employers
– Jean-Francois Lalonde, Vice & Hunter LLP

Postmedia-Torstar Deal Means Wrongful Dismissal Suits Likely to Follow
– Jean-Francois Lalonde, Vice & Hunter LLP

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Recently Published Ottawa Decisions

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

Family Matters

Gopenko v. Paré (2017 ONSC 6940)
children — father — school — parenting — spousal support
Justice J. Audet

Curry v. Curry (2017 ONSC 7028)
income — spousal support — antiques — child support — cottage
Justice T. Engelking

Leduc v. Leduc  (2017 ONSC 6987)
spousal support — income — equalization — daycare — will
Justice C. MacLeod

Fletcher v. Thomas (2017 ONSC 5864)
expenses — child support — orthodontics — income — premiums
Justice S. Kershman

Bernard v. Fuhgeh (2017 ONSC 6953)
daycare — motion — access schedule — child — affidavit
Justice L. Sheard

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